lEx  IGtbrtfi 


SEYMOUR  DURST 


IVhen  you  leave,  please  leave  this  hook 

'Because  it  has  heen  said 
"Sver  thing  comes  t'.him  who  waits 

Except  a  loaned  hook." 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


CHARTER 

OF  THE 

CITYOF  BROOKLYN, 

Being  Chapter  583  of  the  Laws  of  1888, 
ENTITLED: 

AN  ACT  TO  REVISE  AND  COMBINE  IN  A 
SINGLE  ACT  ALL  EXISTING  SPECIAL 
AND  LOCAL  LAWS  AFFECTING 
PUBLIC  INTERESTS  IN  THE 
CITY  OF  BROOKLYN. 

As  the  same  has  been  amended  from  time  to 
time  and  was* in  force  on  the  first  day 
of  January,  1895. 


Press  of  John  Cassidy,  221  Fulton  Street, 
New  York  City. 


CONTENTS. 


Page 

Title  L  City  and  Ward  Limits   5 

"     II.         Legislative  Department   23 

"     HI.        Of  City  Officers,  their  Elections  and 

Duties   43 

"     IV.       Of  the  Department  of  Finance   53 

"     V.         Department  of  Audit   65 

.  "     VI.       Of  the  Treasury  Department   67 

VIL      Department  of  Collection   69 

"     VIII.     Department  of  Arrears   77 

"     IX.       Department  of  Law   95 

"     X.        Department  of  Assessment   97 

"     XI.       Department  of  Police  and  Excise   107 

"     XII.      Department  of  Health   135 

"     XIII.     Department  of  Fire   145 

"     XIV.     Department  of  Buildings   165 

"     XV.      Department  of  City  Works   233 

"     XVI.     Department  of  Parks   265 

"     XVII.    Department  OF  Public  Instruction  ... .  285 

"     XVIII.  Of  Contracts   293 

XIX.     Local  Improvements   297 

"     XX.      Of  Elections   319 

"     XXI.     Courts  of  Justice  of  the  Peace  and 

Police  Courts   339 

"     XXII.  Miscellaneous  Provisions   345 

Appendix     361 


The  Appendix  contains  the  amendments  to  the 
Charter  passed  by  the  Legislature  of  1895. 

When  any  section  of  the  Charter  is  consulted, 
therefore,  reference  should  be  had  to  the  Appen- 
dix to  find  whether  any  change  has  been  made  by 
that  legislation  in  such  section. 


TITLE  I. 


CITY  AND  WAKD  LIMITS. 

Section  1.  All  that  portion  of  the  County  of  Kings  which 
is  bounded  on  the  north  and  west  by  the  County  of  New 
York ;  on  the  west  by  New  York  bay ;  on  the  south  by  the 
towns  of  New  Utrecht,  Flatbush  and  Flatlands  and  by  Ja- 
maica bay ;  and  on  the  east  and  north  by  the  County  of 
Queens,  including  all  wharves,  piers,  docks  and  basins  lying 
southerly  and  easterly  of  the  center  line  of  the  East  river, 
shall  continue  to  be  a  municipal  corporation,  to  be  known  as 
and  called  "  The  City  of  Brooklyn ; "  provided,  however,  that 
nothing  herein  contained  shall  invalidate,  impair  or  in  any 
manner  affect  any  proprietary  grant  or  grants  heretofore 
made  to,  or  any  rights,  titles  or  interests  now  or  at  any  time 
heretofore  vested  in  the  mayor,  aldermen  and  commonalty  of 
the  City  of  New  York. 

By  legislation  in  the  year  1894  the  boundaries  of  the 
city  were  made  coterminous  with  those  of  the  County  of 
Kings. 

Ch.  451,  Laws  of  1894. 

Ch.  356,    "     "  " 

Ch.  449,    "     "  " 

Ch.  450,    "  <c  * 

§  2.  The  first  ward  of  the  city  shall  comprise  the  following 
district,  namely :  Beginning  at  a  point  on  Fulton  avenue 
where  the  center  lines  of  Fulton  street  and  Boerum  place  in- 
tersect each  other,  and  running  thence  northwesterly  along 
the  center  of  Fulton  street,  and  a  line  in  continuation  thereof 
to  the  East  river ;  thence  southwesterly  along  the  East  river 
to  a  point  opposite  the  center  of  Atlantic  avenue  or  a  line  in 
continuation  thereof ;  thence  easterly  along  the  center  of  At- 
lantic street  to  the  center  of  Boerum  place;  and  thence 
northerly  along  the  center  of  Boerum  place  to  the  place  of 
beginning. 

*Ch.  450,  Laws  of  1894,  annexing  the  town  of  Flatlands  to  the  city 
4pes  not  take  effect  tintil  January  1,  1896. 


City  and  Ward  Limits. 


6 


Title  L 


§  3.  The  second  ward  of  said  city  shall  comprise  the  fol- 
lowing district,  namely  :  Beginning  on  a  point  on  the  East 
river  at  the  center  Hne  of  Fulton  street  continued,  and  run- 
ning thence  southeasterly  along  the  center  line  of  Fulton 
street  to  a  point  opposite  the  center  of  Sands  street;  thence 
easterly  along  the  center  of  Sands  street  to  the  center  of 
Bridge  street ;  fchence  northerly  along  the  center  of  Bridge 
street  and  a  line  in  continuation  thereof  to  the  East  river ; 
and  thence  westerly  along  the  East  river  to  the  place  of  be- 
ginning. 

§  4.  The  third  ward  of  said  city  shall  comprise  the  follow- 
ing district,  namely:  Beginning  at  a  point  formed  by  the  in- 
tersection of  the  center  of  Boerum  and  Fulton  streets ; 
thence  easterly  along  the  center  of  Fulton  street  to  the  inter- 
section of  Fulton  avenue  and  Flatbush  avenue ;  thence  south- 
erly along  the  center  of  Flatbush  avenue  to  the  center  of 
Fourth  avenue;  thence  southwesterly  along  the  center  of 
Fovo'th  avenue  to  the  center  of  Bergen  street ;  thence  north- 
westerly along  the  center  of  Bergen  street  to  the  center  of 
Court  street;  thence  northerly  along  the  center  of  Court 
stree  t  to  the  center  of  Atlantic  street ;  thence  along  the  cen- 
ter of  Atlantic  street  to  the  center  of  Boerum  place ;  and 
thence  northeasterly  along  the  center  of  Boerum  place  to  the 
place  of  beginning. 

§  5.  The  fourth  ward  of  said  city  shall  comprise  the  fol- 
lowing district,  namely :  Beginning  at  a  point  where  the 
center  lines  of  Sands  street  and  Fulton  street  intersect  each 
other,  and  running  thence  easterly  along  the  center  of  Sands 
street  to  the  center  of  Bridge  street ;  thence  southerly  along 
the  center  of  Bridge  street  to  the  center  of  Fulton  street ; 
and  thence  northwesterly  along  the  center  of  Fulton  avenue 
and  Fulton  street  to  the  place  of  beginning. 

§  6.  The  fifth  ward  of  said  city  shall  comprise  the  follow- 
ing district,  namely :  Beginning  at  a  point  where  the  center 
lines  of  Bridge  street  and  Johnson  street  intersect  each 
other,  and  running  thence  easterly  along  the  center  of  John- 
son street  to  the  center  of  Navy  street;  thence  northerly 
along  the  center  of  Navy  street  to  the  northerly  side  of 
Nassau  street ;  thence  easterly  along  the  northerly  side  of 


Titie  L 


7 


City  and  Ward  Limits. 


Nassau  street  to  the  southwesterly  corner  of  the  United 
States  Navy  Yard ;  thence  northerly,  northwesterly  and 
northeasterly  along  the  United  States  Navy  Yard  to  the  East 
river ;  thence  westerly  along  the  East  river  to  a  point  on  the 
continuation  of  the  center  line  of  Bridge  street ;  thence 
southerly  along  the  center  of  Bridge  street  to  the  place  of 
beginning. 

§  7.  The  sixth  ward  of  said  city  shall  comprise  the  follow- 
ing district,  namely  :  Beginning  on  the  East  river,  at  the 
center  of  Atlantic  street ;  thence  easterly  along  the  center  of 
Atlantic  street  to  the  center  of  Court  street ;  thence  southerly 
along  the  center  of  Court  street  to  the  center  of  Fourth  place, 
thence  westerly  along  the  center  of  Fourth  place  to  the  cen- 
ter of  Henry  street '  thence  southeasterly  along  the  center 
of  Heni-y  street  to  the  center  of  Coles  street ;  thence  westerly 
along  the  center  cf  Coles  street  to  the  center  of  Hamilton 
avenue ;  thence  along  the  center  of  Hamilton  avenue  to  the 
East  river  ;  thence  along  the  East  river  to  the  place  of  be- 
ginning. 

§  8.  The  seventh  ward  of  said  city  shall  comprise  the  fol- 
lowing district,  namely  :  Beginning  at  a  point  formed  by  the 
intersection  of  the  middle  lines  of  Bedford  and  Flushing 
avenues,  running  thence  southerly  along  the  center  line  of 
Bedford  avenue  to  its  intersection  with  the  middle  line  of 
Brevoort  place ;  and  thence  westerly  along  the  middle  line 
of  Brevoort  place  to  the  middle  line  of  Franklin  avenue ; 
thence  southerly  along  the  middle  line  of  Franklin  avenue  to 
the  middle  line  of  Atlantic  avenue  ;  thence  westerly  along 
the  middle  line  of  Atlantic  avenue  to  the  middle  line  Wash- 
ington avenue ;  thence  northerly  along  the  middle  line  of 
Washington  avenue  to  the  middle  line  of  Flushing  avenue  ; 
thence  easterly  along  the  middle  line  of  Flushing  avenue  to 
the  point  or  place  of  beginning. 

§  9.  The  eighth  ward  of  said  city  shall  comprise  the  fol- 
lowing district,  namely  :  Beginning  at  a  point  where  the  cen- 
ter line  of  Prospect  avenue  intersects  Gowanus  bay,  and 
running  thence  southeasterly  along  the  center  of  Prospect 
avenue  to  the  line  of  the  town  of  Flatbush  ;  thence  south- 
westerly along  said  Flatbush  line  to  the  line  of  the  town  of 


City  and  Ward  Limits.  8 


Title  1. 


New  Utrecht ;  thence  southwesterly  along  said  line,  crossing 
a  highway  called  Martense's  lane ;  thence  southwesterly  along 
said  line  to  the  southerly  boundary  of  said  City  of  Brooklyn ; 
thence  northwesterly  along  the  line  of  said  town  of  New 
Utrecht  to  the  Bay  of  New  York,  thence  northeasterly  along 
the  said  bay,  and  along  Gowanus  bay  to  the  place  of  beginning. 

By  resolution  of  the  Common  Council,  passed  July  11, 
1892,  the  boundaries  of  the  eighth  ward  were  consti- 
tuted as  follows  : 

Beginning  at  a  point  where  the  center  line  of  Prospect 
avenue  intersects  Gowanus  bay  and  running  thence 
southeasterly  along  the  center  line  of  Prospect  avenue  to 
the  center  line  of  Sixth  avenue  :  thence  southwesterly 
along  the  center  line  of  Sixth  avenue  to  the  center  line 
of  Twenty-third  street :  thence  southeasterly  along  the 
center  line  of  Twenty-third  street  to  the  center  line  of 
Seventh  avenue,  thence  northeasterly  along  the  center 
line  of  Seventh  avenue  to  the  southerly  side  of  Twentieth 
street :  thence  southeasterly  along  the  southerly  side  of 
Twentieth  street  to  a  point  distant  one  hundred  feet  north- 
westerly from  the  corner  formed  by  the  intersection  of  the 
southerly  side  of  Twentieth  street  with  the  westerly  side  of 
Ninth  avenue :  thence  southwesterly  on  a  line  parallel 
with  and  distant  one  hundred  feet  from  the  westerly  side 
of  Ninth  avenue  to  the  northerly  line  of  Twenty-first  street; 
thence  southeasterly  along  the  northerly  line  of  Twenty- 
first  street  to  the  westerly  line  of  Ninth  avenue  and  thence 
northeasterly  along  the  westerly  line  of  Ninth  avenue  to 
southerly  side  of  Twentieth  street  and  thence  south- 
easterly along  the  southerly  side  of  Twentieth  streat  to 
the  westerly  line  of  Tenth  avenue  ;  thence  southwesterly 
along  the  westerly  line  of  Tenth  avenue  to  the  southerly 
side  of  Twenty-second  street  as  laid  down  on  the  Com- 
missioner's map  of  the  City  of  Brooklyn  ;  thence  south- 
easterly along  the  southerly  side  of  Twenty-second  street 
as  so  laid  down  to  the  line  separating  the  town  of  Flat- 
bush  from  the  City  of  Brooklyn,  thence  southwesterly 
along  the  said  division  line  to  the  line  of  the  town  of  New 
Utrecht ;  thence  along  the  line  separating  the  City  of 
Brooklyn  from  the  town  of  New  Utrecht  as  the  same  now 
runs  to  the  Bay  of  New  York;  thence  northeasterly  along 
the  said  bay  and  along  Gowanus  bay  to  the  place  of 
beginning. 

Min.  Common  Council,  1892,  Vol.  2,  p.  894. 


Title  I. 


9 


City  and  Ward  Limits. 


§  10.  The  ninth  ward  of  said  city  shall  comprise  the  fol- 
lowing district,  namely  :  Beginning  at  a  point  formed  by  the 
intersection  of  the  middle  line  of  Flatbush  and  Atlantic  ave- 
nues, running  thence  in  a  southerly  direction  along  the  mid- 
dle line  of  Flatbush  avenue  to  the  city  line ;  thence  along 
the  city  line  in  an  easterly  direction  to  the  middle  line  of 
Franklin  avenue ;  thence  in  a  northerly  direction  along  the 
middle  line  of  Franklin  avenue  to  the  middle  line  of  Atlantic 
avenue  ;  and  thence  in  a  westerly  direction  along  the  middle 
line  of  Atlantic  avenue  to  the  point  and  place  of  beginning. 

By  resolution  of  the  Common  Council,  passed  July 
11,  1892,  the  boundaries  of  the  ninth  ward  were  consti- 
tuted as  follows : 

Beginning  at  a  point  where  the  center  lines  of  Flat- 
bush and  Fourth  avenues  intersect,  running  thence 
southeasterly  along  the  center  line  of  Flatbush  avenue 
to  the  center  line  of  Atlantic  avenue ;  thence  southeast- 
erly along  the  center  line  of  Atlantic  avenue  to  the  cen- 
ter line  of  Franklin  avenue  ;  thence  southwesterly  along 
the  center  line  of  Franklin  avenue  to  the  line  separating 
the  City  of  Brooklyn  from  the  town  of  Flatbush  ;  thence 
in  a  westerly  direction  along  said  line  as  the  same  now 
runs  to  the  center  line  of  Flatbush  avenue ;  thence 
northwesterly  along  the  center  line  of  Flatbush  avenue 
to  the  southern  boundary  of  the  Plaza  :  thence  westerly 
along  the  southern  boundary  of  the  Plaza  to  the  center 
line  of  Ninth  avenue  ;  thence  northerly  along  a  line  in 
continuation  of  the  center  line  of  Ninth  avenue  to  a  point 
where  said  line  would  intersect  a  line  drawn  in  continu- 
ation of  the  center  line  of  Union  street ;  thence  north- 
westerly along  said  line  and  along  the  center  line  of 
Union  street  to  the  center  line  of  Fourth  avenue,  and 
thence  northeasterly  along  the  center  line  of  Fourth 
avenue  to  the  point  or  place  of  beginning. 

Min.  of  Common  Council,  1892,  Vol.  2,  p.  894. 

§  11.  The  tenth  ward  of  said  city  shall  comprise  the  fol- 
lomng  district,  namely  :  Beginning  at  a  point  formed  by  the 
intersection  of  the  center  of  Fourth  avenue  and  Bergen 
street;  thence  running  southwesterly  along  the  center  of 
Fourth  avenue  to  the  center  of  First  street ;  thence  north- 
westerly along  the  center  of  First  street  to  the  center  of 
Gowanus  canal ;  thence  southerly  and  westerly  along  the 
center  line  of  Gowanus  canal  to  a  point  where  a  line  drawn 


City  and  Ward  Limits.  lO 


Title  I. 


in  continuation  of  the  center  line  of  Fifth  street,  would  in- 
tersect the  center  line  of  Gowanus  canal ;  thence  north- 
westerly along  said  line  drawn  in  continuation  of  the  center 
line  of  Fifth  street  to  the  center  line  of  Fifth  street ,  thence 
northwesterly  along  the  center  of  Fifth  street  and  Fourth 
place  to  the  center  of  Court  street ;  thence  along  the  center 
of  Court  street  to  the  center  of  Bergen  street,  and  thence 
southeasterly  along  the  center  of  Bergen  street  to  the  place 
of  beginning. 

§  12.  The  eleventh  ward  of  said  city  shall  comprise  the  fol- 
lowing district,  namely :  Beginning  at  a  point  where  the 
center  lines  of  Fulton  street  and  Bridge  street  intersect  each* 
other ;  thence  running  northerly  along  the  center  of  Bridge 
street  to  the  center  of  Johnson  street ;  thence  easterly'  along 
the  center  of  Johnson  street  to  the  center  of  Navy  street ; 
thence  northerly  along  the  center  of  Navy  street  to  the  cen- 
ter of  Nassau  street ;  thence  easterly  along  Nassau  street  to 
the  southwesterly  corner  of  the  United  States  Navy  Yard ; 
thence  northerly  along  the  same  to  the  East  river ;  thence 
easterly  along  the  East  river  and  Wallabout  bay  to  the  cen- 
ter line  of  Portland  avenue  or  a  line  in  continuation  thereof  ; 
thence  southerly  along  the  center  of  Portland  avenue  in  a 
straight  line,  across  Washington  park  to  the  center  of  At- 
lantic avenue ;  thence  westerly  along  the  center  line  of  At- 
lantic avenue  to  a  point  where  the  center  line  of  Atlantic 
street  and  Flatbush  avenue  intersect  each  other;  thence 
northwesterly  along  the  center  of  Flatbush  avenue  to  the  cen- 
ter of  Fulton  street ;  and  thence  westerly  along  the  center  of 
Fulton  street  to  the  point  or  place  of  beginning. 

§  13.  The  twelfth  ward  of  said  city  shall  comprise  the  fol- 
lowing district,  namelj'^ :  Beginning  in  the  East  river  on  the 
center  line  of  Hamilton  avenue;  thence  southerly  along  the 
center  line  of  Hamilton  avenue  to  the  center  of  Coles  street ; 
thence  southeasterly  along  the  center  of  Coles  street  to  the 
center  of  Henry  street ;  thence  northerly  along  the  center  of 
Henry  street  to  the  center  of  Fourth  place ;  thence  south- 
easterly along  the  center  of  Fourth  place  to  the  center  of 
Smith  street ;  thence  northerly  along  the  center  of  Smith 
street  to  the  center  of  Fifth  street;  thence  southeasterly 


Title  I. 


11 


City  and  Ward  Limits. 


along  the  center  of  Fifth  street  and  along  a  line  drawn  in 
continuation  of  Fifth  street  to  a  point  where  said  line  would 
iutersect  the  center  of  Gowanus  canal ;  thence  southwesterly 
along  the  center  line  of  Gowanus  canal  to  Gowanus  bay ; 
thence  along  the  Gowanus  bay  and  East  river  to  the  place  of 
beginning. 

§  14.  The  thirteenth  ward  of  said  city  shall  comprise  the 
following  district,  namely:  Beginning  at  the  permanent 
water  line  on  the  easterly  side  of  the  East  river,  where  the 
same  would  be  intersected  by  the  dividing  line  between  the 
late  cities  of  Brooklyn  and  Williamsburgh  ;  thence  running 
in  an  easterly  direction  along  the  said  dividing  line  to  the 
center  of  Rodney  street  and  its  intersection  with  said  line; 
thence  in  a  northeasterly  direction  along  the  center  of  Rod- 
ney street  to  the  center  of  the  intersection  of  Ninth  and 
Grand  streets ;  thence  in  a  northwesterly  direction  along  the 
center  of  Grand  street  to  the  permanent  Hne  of  the  East 
river ;  thence  southwesterly  along  the  permanent  line  of  the 
East  river  to  the  aividing  line  between  the  late  cities  of 
Brooklyn  and  Wilhamsburgh  to  the  place  of  beginning. 

By  resolution  of  the  common  council  passed  July  11, 
1892,  the  boundaries  of  the  thirteenth  ward  were  con- 
stituted as  follows : 

Begiauing  at  the  permanent  water  line  on  the  easterly 
side  of  the  East  river  where  the  same  would  be  inter- 
sected by  the  center  line  of  Division  avenue ;  thence  in 
an  easterly  direction  along  the  said  center  line  of  Divi- 
sion avenue  to  the  center  Line  of  Rodney  street ;  thence 
in  a  northeasterly  direction  along  the  center  line  of  Rod- 
ney street  to  the  center  line  of  Grand  street ;  thence  in 
a  northwesterly  direction  along  the  center  line  of  Grand 
street  to  the  permanent  line  of  the  East  river ;  thence 
southwesterly  along  the  permanent  line  of  the  East  river 
to  the  center  line  of  Division  avenue,  the  place  of  begin- 
ning. 

Min.  of  Common  Council,  1892,  Vol.  2,  p.  895. 

.  §  15.  The  fourteenth  ward  of  said  city  shall  comprise  the 
following  district,  namely :  Beginning  at  the  easterly  perma- 
nent line  of  the  East  river,  wher^  the  same  would  be  inter, 
sected  by  a  line  di'awn  through  the  center  of  Grand  street ; 
thence  running  in  a  southeasterly  direction  along  the  center 


City  and  Ward  Limits.  12 


Title  I. 


of  Grand  street  to  the  center  of  the  intersection  of  Grand  and 
Rodney  streets ;  thence  in  a  northeasterly  direction  along  the 
center  of  Rodney  street  to  the  center  of  the  intersection  of 
North  Second  and  Rodney  streets ;  thence  in  an  easterly 
direction  along  the  center  of  North  Second  street  to  the  cen- 
ter of  the  intersection  of  North  Second  street  and  Union 
avenue  ;  thence  in  a  northerly  direction  along  the  center  of 
Union  avenue  to  the  center  of  the  intersection  of  Union  avenue 
by  Driggs  street ;  thence  in  a  northeasterly  direction  along 
the  center  of  Driggs  street  to  the  center  of  the  intersection 
of  North  Fourteenth  street  by  Fifth  street ;  thence  in  a 
northwesterly  direction  along  the  center  of  North  Fourteenth 
steeet  to  the  center  of  the  intersection  of  North  Fourteenth 
and  Kent  avenue ;  thence  in  a  southwesterly  direction  along 
the  center  of  First  and  North  Thirteenth  streets ;  thence  in 
a  northwesterly  direction  along  the  center  of  North  Thir- 
teenth street  to  the  easterly  permanent  line  of  East  river ; 
thence  in  a  southwesterly  direction  along  the  easterly  perma- 
nent line  of  East  river  to  the  center  of  Grand  street,  the  place 
of  beginning. 

§  16.  The  fifteenth  ward  of  said  city  shall  comprise  the  fol- 
lowing distiict,  namely :  Beginning  at  the  center  of  the  in- 
tersection of  South  Second  and  Rodney  streets  ;  thence,  run- 
ning in  a  southeasterly  direction  along  the  center  of  South 
Second  street  to  the  center  of  the  intersection  of  South 
Second  street  by  Union  avenue  ;  thence  in  a  northerly  direc- 
tion along  the  center  of  Union  avenue  to  the  center  of  the 
intersection  of  Ten  Eyck  street  by  Union  avenue  ;  thence  in 
an  easterly  direction  along  the  center  of  Ten  Eyck  street  to 
the  center  of  the  intersection  of  Wyckoff  street  and  Bushwick 
avenue ;  thence  in  a  northwesterly  direction  along  the  center  of 
Bushwick  avenue  to  the  center  of  the  intersection  of  Bushwick 
avenue  and  North  Second  street ;  thence  in  a  westerly  direc- 
tion along  the  center  of  North  Second  street  to  the  center  of 
the  intersection  of  North  Second  street  and  Humboldt  street ; 
thence  in  a  northerly  direction  along  the  center  of  Humboldt 
street ;  thence  in  a  northerly  direction  along  the  center  of 
Smith  street  to  the  center  of  the  intersection  of  Humboldt 
street  Piid  Ri'?h^\rdaon  street :  thence  in  a  westerly  direction 


Title  I. 


13        City  and  Ward  Limits. 


along  the  center  of  Richardson  street  to  the  center  of  the 
intersection  of  Richardson  and  Leonard  streets ;  thence  in  a 
northerly  direction  along  the  center  of  Leonard  street  to  the 
center  of  the  intersection  of  Leonard  and  Van  Pelt  streets  ; 
thence  in  a  westerly  direction  along  the  center  of  Van  Pelt 
street  to  the  center  of  the  intersection  of  Van  Pelt  street  by 
Driggs  street ;  thence  in  a  southwesterly  direction  along  the 
center  of  Driggs  street  to  the  center  of  the  intersection  of 
Union  avenue  by  Driggs  street ;  thence  in  a  southerly  direc- 
tion along  the  center  of  Union  avenue  to  the  center  of  the 
intersection  of  Union  avenue  and  North  Second  street ;  thence 
in  a  westerly  direction  along  the  center  of  North  Second 
street  to  the  center  of  the  intersection  of  Rodney  street  by 
North  Second  street ;  thence  in  a  southwesterly  direction 
along  the  center  of  Rodney  street  to  the  intersection  of  Rod- 
ney and  South  Second  streets,  the  place  of  beginning. 

§  17.  The  sixteenth  ward  of  said  city  shall  comprise  the 
following  district,  namely :  Beginning  at  the  intersection  of 
Rodney  street  and  the  former  dividing  line  between  the 
former  cities  of  Brooklyn  and  Williamsburgh  ;  thence  run- 
ning a  southeasterly  direction  along  the  said  dividing  line  to 
the  intersection  with  the  center  of  the  Flushing  avenue  ; 
thence  in  an  easterly  direction  along  the  center  of  said  Flush- 
ing avenue  to  the  center  of  its  intersection  with  Bushwick 
avenue  ;  thence  in  a  northerly,  northwesterly  and  northeast- 
erly direction  along  the  center  of  Bushwick  avenue  to  the 
center  of  the  intersection  of  Ten  Eyck  street  and  Bushwick 
avenue ;  thence  westerly  along  the  center  of  Ten  Eyck  street 
to  the  center  of  the  intersection  of  Ten  Eyck  street  by  Union 
avenue ;  thence  in  a  southerly  direction  along  the  center  of 
Union  avenue  to  the  center  of  the  intersection  of  South  Sec- 
ond street  by  Union  avenue  ;  thence  in  a  northwesterly  direc- 
tion along  the  center  of  South  Second  street  to  the  center  of 
the  intersection  of  South  Second  and  Rodney  streets ;  thence 
in  a  southwesterly  direction  to  the  center  of  the  intersection 
of  Rodney  street  and  the  dividing  line  between  the  cities  of 
Brooklyn  and  Williamsburg,  the  place  of  beginning. 

By  resolution  of  the  Common  Council  passed  July  11, 
1892,  the  boundaries  of  the  sixteenth  ward  were  consti- 
tuted as  follows : 


City  and  Ward  Limits, 


14 


Title  I. 


Beginning  at  the  intersection  of  the  center  lines  of 
Rodney  street  on  Broadway,  running  thence  southeast- 
erly along  the  center  line  of  Broadway  to  the  center  line 
of  Flushing  avenue ;  thence  in  an  easterly  direction 
along  the  center  Une  of  Flushing  avenue  to  the  center 
line  of  Bushwick  avenue  or  road,  as  the  same  was  orig- 
inally laid  down  on  a  commissioner's  map  of  the  town  of 
Bushwick :  thence  in  a  northerly,  northwesterly-  and 
northeasterly  direction  along  the  center  Une  of  Bushwick 
avenue  or  road  as  the  same  was  so  laid  down  to  the 
center  line  of  Ten  Eyck  street ;  thence  westerly  along 
the  center  line  of  Ten  Eyck  street  to  the  center  line  of 
Union  avenue  :  thence  in  a  southerly  direction  along  the 
center  line  of  Union  avenue  to  the  center  line  of  South 
Second  street :  thence  in  a  northwesterly  direction  along 
the  center  line  of  South  Second  street  to  the  center  line 
of  Rodney  street :  thence  in  a  southwesterly  directi  n 
along  the  center  line  of  Rodney  street  to  the  center  line 
of  Broadway,  the  place  of  beginning. 

Min.  of  Common  Council,  1892,  Vol.  2,  p.  895. 
§  18.  The  seventeenth  ward  of  said  city  shall  comprise  the 
following  district,  namely  :  Beginning  at  the  easterly  per- 
manent line  of  the  East  river,  where  the  same  would  be  in- 
tersected by  a  line  drawn  through  the  center  of  North  Thir 
teenth  street:  thence  running  in  a  southeasterly'  diiection 
along  the  cent*  r  of  North  Thirteenth  street  to  the  center  or 
the  intersection  of  North  Thirteenth  and  Kent  avenue; 
thence  northeasterly  along  the  center  of  Kent  avenue  to  the 
center  of  the  intersection  of  North  Foui-teenth  and  First 
streets ;  thence  in  a  southeasterly  dii-ection  along  the  center 
of  North  Fourteenth  street  to  the  center  of  the  intersection 
of  North  Fourteenth  street  by  Van  Cott  avenue;  thence 
along  the  center  of  Van  Cott  avenue  in  a  northeasterly  direc- 
tion to  the  center  of  the  intersection  of  Van  Pelt  street  by 
Fifth  street ;  thence  in  an  easterly  direction  along  the  center 
of  Van  Pelt  street  to  the  center  of  the  intersection  of  Van 
Pelt  and  Leonard  streets ;  thence  in  a  southerly  direction 
along  the  center  of  Leonard  street  to  the  center  of  the  inter- 
section of  Leonard  and  Richardson  streets;  thence  in  an 
easterly  direction  along  the  center  of  Richardson  street  to 
the  center  of  the  intersection  of  Meeker  avenue  by  Richard- 
son street ;  thence  in  a  northeasterly  direction  along  the  cen- 
ter of  Meeker  avenue,  in  all  its  turnings  to  the  center  of 


Title  I. 


15 


City  and  Ward  Limits. 


Newtowu  creek :  thence  in  a  northwesterly  direction  alonar 
the  center  of  Newtown  creek,  in  all  its  meanderings,  to  the 
pei-manent  line  of  the  East  river  to  a  point  where  the  per- 
manent hne  of  the  East  river  would  intersect  the  center  of 
Newtown  creek  if  continued  :  thence  along  the  easterly  per- 
manent line  of  the  East  river  in  a  southerly  direction  to  the 
center  of  North  Thirteenth  street  to  the  place  of  beginning. 

§  19.  The  eighteenth  ward  of  said  city  shall  comprise  the 
following  district,  namely  :  Beginning  at  the  center  of  the 
intei-section  of  Richai'dson  street  and  Meeker  avenue;  thence 
running  in  a  northeasterly  dii'ection  along  the  center 
of  Meeker  a\enue  to  the  center  of  Newtown  Creek; 
thence  in  a  southeasterly  direction  along  the  center 
of  Newtown  Creek  to  the  line  of  the  County  of 
Queens :  thenca  southeasterly  along  the  b'ne  of  the  County 
of  Queens  to  the  center  of  Flushing  avenue  at  its  intersec- 
tion ^\ith  the  said  line  of  the  County  of  Queens :  thence 
southwesterly  and  westerly  along  the  center  of  Flushing 
avenue  until  it  intersects  the  center  of  Bush  wick  avenue ; 
thence  along  the  dividing  line  of  the  sixteenth  ward  in  a 
northerly,  northwesterly  and  northeasterly,  and  again 
northwesterly  direction  along  the  centre  of  Bushwick 
avenue  to  the  centre  of  the  intersection  of  Bushwick  avenue 
and  North  Second  street ;  thence  westerly  along  the  centre 
of  North  Second  street  to  the  centre  of  the  intersection  of 
North  Second  and  Humboldt  streets  :  thence  northerly  along 
the  center  of  Humboldt  street  to  the  center  of  the  intersec- 
tion of  Humboldt  and  Eichardson  streets :  thence  along  the 
center  of  Richardson  street  to  the  point  or  place  of  begin- 
ning. 

Ch.  57,  Laws  of  1892. 

By  resolution  of  the  Common  Council  passed  July 
11,  1892,  the  boundaries  of  the  eighteenth  ward  were 
constituted  as  follows  :  • 

Beginning  at  the  center  of  the  intersection  of 
Richardson  streeet  and  Meeker  avenue ;  thence  running 
in  a  northeasterly  direction  along  the  center  of  Meeker 
avenue  to  the  centre  of  Newtown  Creek ;  thence  in  a 
southeasterly  direction  along  the  center  of  NewtownCreek 
to  the  line  of  the  County  of  Queens  ;  thence  southeasterly 
along  the  Hne  of  the  County  of  Queens  to  the  center  of 


City  and  Ward  Limits. 


16 


Title  L 


Flushing  avenue  at  its  intersection  with  the  said  line 
of  the  County  of  Queens  ;  thence  southwesterly  and 
westerly  along  the  center  of  Flushing  avenue  until  it  inter- 
sects the  center  of  Bush  wick  avenue  or  road  as  the  same 
was  originally  laid  down  on  the  commissioners'  map  of 
the  town  of  Bush  wick ;  thence  along  the  centre  of  said 
Bushwick  avenue  or  road  as  the  same  was  so  laid  down 
to  the  center  of  Ten  Eyck  street ;  thence  along  the 
center  line  of  Bushwick  as  the  same  now  exists  to  the 
center  of  the  intersection  of  Bushwick  avenue  and 
North  Second  street :  thence  westerly  along  the  centre 
of  North  Second  street  to  the  centre  of  the  intersection 
of  North  Second  and  Humboldt  streets  :  thence  noi-therly 
along  the  center  of  Humboldt  to  the  center  of  the  in- 
tersection of  Humboldt  and  Richai'dson  streets ;  then  ce 
along  the  center  of  Richardson  to  the  point  or  place  of 
beginning. 

Min.  Common  Council,  1892,  Vol.  2,  p.  896. 

§  20.  The  nineteenth  ward  of  said  city  shall  comprise  the 
following  district,  namely :  Beginning  at  a  point  formed  by 
the  intersection  of  the  center  line  of  Broadway  with  the  cen- 
ter line  of  Flushing  avenue ;  running  thence  westerly  along 
the  center  line  of  Flushing  avenue  to  the  center  of  Washing- 
ton avenue ;  thence  northerly  along  the  center  line  of  Wash- 
ington avenue  to  the  Wallabout  bay ;  thence  northeasterly 
along  Wallabout  bay  to  the  line  dividing  the  late  cities  of 
Brooklyn  and  WiUiamsburgh ;  thence  easterly  along  the  said 
last  mentioned  line  to  the  center  line  of  Broadway,  and 
thence  easterly  again  along  the  center  line  of  Broadway  to 
the  point  of  beginning. 

By  resolution  of  the  common  council  passed  July  11, 
1892,  the  boundaries  of  the  nineteenth  ward  were  consti- 
tuted as  follows : 

Beginning  at  a  point  formed  by  the  intersection  of 
the  center  line  of  Broadway  with  the  center  line  of 
Flushing  avenue,  running  thence  westerly  along  the 
center  line  of  Flushing  avenue  to  the  center  Hne  of 
Washington  avenue ;  thence  northerly  along  the  center 
line  of  Washington  avenue  to  the  Wallabout  canal; 
thence  northwesterly  along  said  canal  to  Wallabout  bay ; 
thence  northwesterly  along  said  Wallabout  bay  to  the 
center  line  of  Division  avenue ;  thence  easterly  along  the 
center  line  of  Division  avenue  to  the  center  line  of 
Rodney  street;  thence  northeasterly  along  the  center 


f 

Title  I.  17        City  and  Ward  Limits. 

line  of  Rodney  street  to  the  center  line  of  Broadway ; 
thence  southeasterly  along  the  center  line  of  Broadway 
to  Flushing  avenue,  at  the  point  or  place  of  beginning. 
Min.  of  CJommon  Council,  1892,  Vol.  2,  p.  896. 

§  21.  The  twentieth  ward  of  said  city  shall  comprise  the 
following  district,  namely :  Beginning  at  a  point  formed  by 
the  intersection  of  the  center  line  of  Washington  avenue  with 
the  center  of  Atlantic  avenue,  running  thence  westerly  along 
the  center  line  of  Atlantic  avenue  to  the  center  line  of  Port- 
land avenue:  thence  northerly  along  the  center  line  of 
Portland  avenue,  in  a  straight  line  across  Washington  park, 
to  the  East  river  or  Wallabout  bay ;  thence  easterly  along  the 
East  river  or  Wallabout  bay  to  the  center  of  Washington 
avenue,  and  thence  southerly  along  the  center  of  Washington 
avenue  to  the  center  of  Atlantic  avenue,  to  the  point  or  place 
of  beginning. 

§  22.  The  twenty-first  ward  of  the  City  of  Brooklyn  shall 
compiise  the  following  district,  namely :  Beginning  at  a 
point  formed  by  the  intersection  of  the  middle  lines  of  Bed- 
ford and  Lafayette  avenues ;  thence  northerly  along  the 
middle  line  of  Bedford  avenue  to  its  intersection  with  the 
middle  line  of  Flushing  avenue ;  thence  easterly  along  the 
middle  line  of  Flushing  avenue  to  its  intersection  with  the 
middle  line  of  Broadway ;  thence  southeasterly  along  the 
middle  line  of  Broadway  to  its  intersection  with  the  middle 
line  of  Lafayette  avenue  ;  thence  westerly  along  the  middle 
line  of  Lafayette  avenue  to  the  place  or  point  of  beginning. 

§  23.  The  Twenty-second  ward  of  said  city  shall  comprise 
the  following  district,  namely :  Beginning  at  a  point  where 
the  center  line  of  Flatbush  avenue  and  Foui'th  avenue  inter- 
sect, and  running  thence  southeasterly  along  the  center  of 
Flatbush  avenue  to  the  line  separating  the  town  of  Flatbush 
from  the  City  of  Brooklyn  ;  thence  along  the  division  line, 
as  the  same  now  runs,  to  the  center  of  Prospect  avenue ; 
thence  northwesterly  along  the  center  of  Prospect  avenue 
to  Gowanus  bay ;  thence  northeasterly  along  the  said  bay 
to  the  center  line  of  First  avenue;  thence  northeasterly 
along  the  center  of  Fkst  avenue  to  the  center  of  Fifth  street; 
thence  southeasterly  along  the  center  of  Fifth  street  to  the 


City  and  Ward  Limits.  is 


Title  I; 


center  of  Second  avenue;  thence  northeasterly  along  the  center 
Second  avenue  to  the  center  of  First  street ;  thence  south- 
easterly along  the  center  of  First  street  to  the  center  of 
Fourth  avenue ;  thence  northerly  along  the  center  of  Fourth 
avenue  to  the  place  of  beginning,  including  the  southerly 
and  westerly  boundaries  of  Prospect  park  as  established  by 
law. 

By  resolution  of  the  Common  Council,  passed  July 
11,  1892,  the  boundaries  of  the  twenty-second  ward 
were  constituted  as  follows  : 

Beginning  at  a  point  where  the  southerly  boundaiy  of 
the  Plaza  intersects  the  center  line  of  Flatbush  avenue, 
running  thence  southeasterly  along  the  center  line  of 
Flatbush  avenue  to  the  line  separating  the  town  of 
Flatbush  from  the  City  of  Brooklyn  ;  thence  along  said 
division  line  as  it  now  runs  to  the  southerly  side  of 
Twenty- second  street  as  laid  down  on  the  commis- 
sioners' map  of  the  City  of  Brooklyn  ;  thence  westerly 
along  said  southerly  side  of  Twenty -second  street,  as  so 
laid  down  to  the  westerly  side  of  Tenth  avenue ;  thence 
northeasterly  along  the  westerly  side  of  Tenth  avenue  to 
the  southerly  side  of  Twentieth  street ;  thence  north- 
westerly along  the  southerly  side  of  Twentieth  street  to 
the  westerly  side  of  Ninth  avenue  ;  thence  southwesterly 
along  said  westerly  side  of  Ninth  avenue  to  the  northerly 
line  of  Twenty-first  street :  thence  northwesterly  along 
the  northerly  side  of  Twenty  first  street  one  hundred  feet; 
thence  northeasterly  on  a  line  parallel  with  and  distant 
one  hundred  feet  from  the  westerly  line  of  Ninth  avenue 
to  the  southerly  side  of  Twentieth  street :  thence  north- 
westerly along  the  southerly  side  of  Twentieth  street  to 
the  center  line  of  Seventh  avenue  ;  thence  southwesterly 
along  the  center  line  of  Seventh  avenue  to  the  center 
line  of  Twenty  third  street :  thence  northwesterly  along 
the  center  line  of  Twenty-third  street  to  the  center  line 
of  sixth  avenue  ;  thence  northeasterly  along  the  center 
line  of  Sixth  avenue  to  the  center  line  of  Prospect  ave- 
nue ;  thence  northwester^  along  the  center  line  of 
Gowanus  bay  or  canal :  thence  noi  tbeasterly  along  said 
center  line  of  said  bay  or  canal  as  the  same  now  runs  to 
the  center  line  of  Fii'st  street  as  originally  laid  out  on 
the  commissioners'  map  of  the  City  of  Brooklyn  ;  thence 
southeasterly  along  the  center  line  of  First  street  as  so 
laid  out  to  the  center  line  of  Fourth  avenue  :  thence 
northeasterly  along  the  center  line  of  Fourth  avenue  to 
the  center  line  of  Union  street :  thence  southeasterly 


Title  I. 


19         City  and  Ward  limits. 


along  the  center  line  of  Union  street  and  a  line  drawn 
in  continuation  thereof  to  a  point  where  said  line  in  con- 
tinuation of  the  center  line  of  Union  street  intei*sects  a 
line  drawn  in  continuation  of  the  center  line  of  Ninth 
avenue ;  thence  along  the  line  drawn  in  continuation  of 
the  center  line  of  Ninth  avenue  to  the  southerl}^  boun- 
daiy  of  the  Plaza ;  thence  easterly  along  the  southerly- 
boundary  of  the  Plaza  to  the  place  of  beginning,  includ- 
ing the  southerly  and  westerly  boundaries  of  Prospect 
park  as  established  by  law. 

Min.  Common  Ck)uncil,  1892,  Vol.  2,  p.  897. 

§  24.  The  twenty-third  ward  of  the  City  of  Brooklyn  shall 
comprise  the  following  district,  namely  :  Beginning  at  a  point 
formed  by  the  intersection  of  the  middle  lines  of  Atlantic 
avenue  and  Franklin  avenue,  running  thence  in  an  easterly 
direction  along  the  middle  line  of  Atlantic  avenue  to  its 
intersection  with  the  middle  line  of  Albany  avenue ;  thence 
northery  along  the  middle  line  of  Albany  avenue  to  its  inter- 
section with  the  middle  line  of  Fulton  avenue;  thence 
easterly  along  the  middle  line  of  Fulton  avenue  to  its  inter- 
section with  the  middle  line  of  Sumner  avenue :  thence 
northerly  along  the  middle  line  of  Sumner  avenue  to  its 
intersection  with  the  u  iddleHneof  Lafayette  avenue ;  thence 
westerly  along  the  middle  Hne  of  Lafayette  avenue  to  its 
intersection  with  the  middle  line  of  Bedford  avenue ;  thence 
southerly  along  the  middle  Hne  of  Bedford  avenue  to  its 
intersection  with  the  middle  line  of  Brevoort  place :  thence 
westerly  along  the  middle  line  of  Brevoort  place  to  Franklin 
avenue ;  thence  southerly  along  the  middle  line  of  Franklin 
avenue  to  the  place  or  point  of  beginning. 

By  resolution  of  the  Common  Council  passed  July  11, 
1892,  the  boundaries  of  the  twenty-third  ward  were 
constituted  as  follows : 

Commencing  at  the  intersection  of  Bedford  and  Lafay- 
ette avenues,  running  thence  easterly  along  the  center  line 
of  Lafayette  avenue  to  the  center  line  of  Eeid  avenue ; 
thence  southerly  along  the  center  line  of  Reid  avenue  to 
the  center  line  of  Fulton  street ;  thence  westerly  along 
the  center  line  of  Fulton  street  to  the  center  of  Utica 
avenue :  thence  southerly  along  the  center  of  Utica 
avenue  to  the  center  of  Atlantic  avenue  ;  thence  westerly 
along  the  center  of  Atlantic  avenue  to  the  center  of 
Franklin  avenue  ;  thence  northerly  along  the  center  of 


City  and  Ward  Limits.  20 


Title  I. 


Franklin  avenue  to  the  center  of  Brevoort  place  ;  thence 
easterly  along  the  center  of  Brevoort  place  to  the  center 
of  Bedford  avenue ;  thence  northerly  along  the  center  of 
Bedford  avenue  to  the  place  of  beginning. 
Min.  of  Common  Council,  1892,  Vol.  2,  p.  898. 

§  25.  The  twenty-fourth  ward  of  the  City  of  Brooklyn 
shall  comprise  the  following  district,  namely :  Beginning  at  a 
point  formed  by  the  intersection  of  Franklin  and  Atlantic 
avenues,  running  thence  in  a  southerly  direction  along  the 
middle  line  of  Franklin  avenue  to  the  city  line ;  thence  in  an 
easterly  du-ection  along  the  city  line  to  the  middle  line  of 
Atlantic  avenue,  and  thence  in  a  westerly  direction  along  the 
middle  line  of  Atlantic  avenue  to  the  point  or  place  of 
beginning. 

§  26.  The  twenty-fifth  ward  of  the  City  of  Brooklyn  shall 
comprise  the  following  district,  namely :  Beginning  at  a  point 
formed  by  the  intersection  of  the  middle  lines  of  Atlantic  and 
Albany  avenues ;  thence  running  easterly  along  the  middle 
line  of  Atlantic  avenue  to  the  former  dividing  line  between 
the  City  of  Brooklyn  and  the  late  town  of  New  Lots,  now 
twenty- sixth  ward  ;  thence  running  northeasterly  along  the 
said  line  to  its  intersection  with  the  middle  line  of  Broadway ; 
thence  running  northwesterly  along  the  middle  line  of  Broad- 
way to  its  intersection  with  the  middle  line  of  Lafayette 
avenue  ;  thence  westerly  along  the  middle  line  of  Lafayette 
avenue  to  its  intersection  with  the  middle  line  of  Sumner 
avenue ;  thence  southerly  along  the  middle  line  of  Sumner 
avenue  to  its  intersection  with  the  middle  line  of  Fulton 
street ;  thence  westerly  along  the  middle  line  of  Fulton  street 
to  its  intersection  with  the  middle  line  of  Albany  avenue ; 
thence  southerly  along  the  middle  line  of  Albany  avenue  to 
the  point  or  place  of  beginning. 

By  resolution  of  the  Common  Council  passed  July  11, 
1892,  the  boundaries  of  the  twenty-fifth  ward  were  con- 
stituted as  follows : 

Commencing  at  the  center  line  of  Keid  and  Lafayette 
avenues ;  thence  southerly  along  the  center  of  Eeid 
avenue  to  the  center  of  Fulton  street ;  thence  westerly 
along  the  center  of  Fulton  street  to  the  center  of  Utica 
avenue  ;  thence  southerly  along  the  center  of  Utica 


Title  I. 


21         City  and  Ward  Limits. 


avenue  to  the  center  of  Atlantic  avenue  ;  thence  easterly 
along  the  center  of  Atlantic  avenue  to  the  former  bound- 
ary line  between  the  City  of  Brooklyn  and  the  town  of 
New  Lots ;  thence  northerly  along  said  boundary  line  to 
the  center  line  of  Broadway  ;  thence  along  the  center  of 
Broadway  to  the  center  of  Lafayette  avenue ;  thence 
westerly  along  the  center  of  Lafayette  avenue  to  the 
place  of  beginning. 

Min.  Common  Council,  1892,  Vol.  2,  p.  898. 

§  27.  The  twenty-sixth  ward  of  the  City  of  Brooklyn  shall 
comprise  the  following  district,  namely :  All  that  portion  of 
the  County  of  Kings  formerly  known  as  the  town  of  New 
Lots. 

§  28.  The  twenty-seventh  ward  of  said  city  shall  comprise 
the  following  district,  namely :  Beginning  at  the  center  of 
the  intersection  of  Broadway  and  Kosciusko  street ;  thence 
running  in  a  northeasterly  direction  along  the  center  of 
Kosciusko  street  to  the  intersection  of  Bush  wick  avenue  and 
Kosciusko  street ;  thence  running  in  a  northwesterly  direc- 
tion along  Bush  wick  avenue  to  the  intersection  of  Bushwick 
avenue  and  Stockholm  street ;  thence  in  a  northeasterly  di- 
rection along  the  center  of  Stolkholm  street  to  the  intersec- 
tion of  the  line  of  the  County  of  Queens :  thence  northerly 
or  nearly  so  along  the  line  of  the  County  of  Queens  to  the 
center  of  Flushing  avenue  at  its  intersection  with  the  said 
line  of  the  County  of  Queens ;  thence  southwesterly  and 
westerly  along  the  center  of  Flushing  avenue  to  the  center 
of  the  intersection  of  Broadway ;  thence  southwesterly  along 
the  center  of  Broadway  to  the  point  or  place  of  beginning. 

Ch.  57,  Laws  of  1892. 

§  29.  The  twenty-eightn  ward  of  the  said  city  shall  com- 
prise the  following  district,  namely:  Beginning  at  the 
center  of  the  intersection  of  Broadway  and  Kosciusko  street; 
thence  running  in  a  northeasterly  direction  along  the  center 
of  Kosciusko  street  to  the  intersection  of  Bushwick  avenue 
and  Kosciusko  street ;  thence  running  in  a  northwesterly 
direction  along  the  center  of  Bushwick  avenue  to  the  inter- 
section of  Bushwick  avenue  and  Stockholm  street ;  thence 
in  a  northeasterly  direction  along  the  center  of  Stockholm 
street  to  the  intersection  of  the  line  of  the  County  of 


€ity  and  Ward  Limits.  22 


Title  I. 


Queens ;  thence  in  a  southerly  direction  along  the  line  of  the 
County  of  Queens  to  the  westerly  line  of  the  twenty  sixth 
ward,  formerly  the  town  of  New  Lots ;  thence  southwesterly 
along  the  said  line  to  the  intersection  of  the  center  of  Broad- 
way ;  thence  northwesterly  along  the  center  of  Broadway  to 
the  place  of  beginning. 

Ch.  57,  Laws  of  1892. 

§  30.  The  said  wards  shall  be  considered  and  are  hereby 
declared  to  be  towns  of  the  County  of  Kings. 
Ch.  57,  Laws  of  1892. 

The  twenty -ninth  ward  of  said  city  comprises  all  that 
territory  within  the  limits  of  the  town  of  Flatbush  in 
the  Count}^  of  Kings  as  the  same  was  constituted  on  the 
twenty-fifth  day  of  April,  one  thousand  eight  hundred 
and  ninety  four. 

Ch.  356,  Laws  of  1894. 

The  thirtieth  w^ard  of  said  city  comprises  all  that  ter- 
ritoi-y  within  the  limits  of  the  town  of  New  Utrecht  in 
the  County  of  Kings  as  the  same  was  constituted  on  the 
the  third  day  of  May,  one  thousand  eight  hundred  and 
ninety-four. 

Ch.  451,  Laws  of  1894. 

The  thirty-first  ward  of  said  city  comprises  all  that 
territory  within  the  limits  of  the  town  of  Gravesend  in 
the  County  of  Kings  as  the  same  was  constituted  on  the 
third  day  of  May,  one  thousand  eight  hundred  and 
ninetv-four. 

Ch.  449,  Laws  of  1894. 

The  thirty  ward  of  said  city  comprises  all  that 

territory  within  the  limits  of  the  town  of  Flatlands  in 
the  County  of  Kings  as  the  same  was  constituted  on 
the  third  day  of  May,  one  thousand  eight  hundred  and 
ninety-four. 

Ch.  450,  Laws  of  1894. 

(This  act  does  not  take  effect  until  the  first  day  of 
January,  one  thousand  eight  hundred  and  ninety-six.) 


TITLE  II. 

LEGISLATIVE  DEPARTMENT. 

Section  1.  The  legislative  power  of  said  corporation  shall 
be  vested  in  a' board  of  aldermen,  who  shall  be  called  the 
common  council. 

COMMON  COUNCIL. 
§  2.  The  City  of  Brooklyn  is  divided  into  three  aldermanic 
districts  known  as  the  first,  second  and  third  aldermanic  dis  - 
tricts  respectively.  The  first  aldermanic  district  consists  of 
the  first,  second,  fifth,  sixth,  eighth,  tenth,  twelfth  and 
twenty  second  wards  of  the  said  City  of  Brooklyn.  The  sec- 
ond aldermanic  district  consists  of  the  third,  fourth,  seventh, 
eleventh,  thirteenth,  nineteenth,  twentieth,  twenty-first  and 
twenty-thii'd  wards  of  the  said  City  of  Brooklyn.  The  third 
aldermanic  district  consists  of  the  ninth,  fourteenth,  fifteenth, 
sixteenth,  seventeenth,  eighteenth,  twenty -fourth,  twenty- 
fifth,  twenty-sixth,  twenty -seventh  and  twenty-eighth  wards 
of  the  said  City  of  Brooklyn. 
Ch.  57,  Laws  of  1892. 

The  twenty-ninth  ward  (late  town  of  Flatbush)  is 
placed  in  the  third  aldermanic  district  by  Chap.  356  of 
the  Laws  of  1894. 

The  thirtieth  ward  (late  town  of  New  Utrecht)  is 
placed  in  the  first  aldermanic  district  bv  Chap.  451  of 
the  Laws  of  1894. 

The  thirty-first  ward  (late  town  of  Gravesend)  is 
placed  in  the  third  aldermanic  district  by  Chap,  449  of 
the  Laws  of  1894. 

The  ward  (late  town  of  Flatlands)  is  placed  in 

the  third  aldermanic  district  by  Chaj).  450  of  the  Laws 
of  1894. 

(This  act  does  not  take  effect  until  Januaiy  1,  1896.) 

§  3.  The  common  council  of  the  said  City  of  Brooklyn  con- 
sists of  the  board  of  aldermen  now  in  office.  At  the  general 
state  election,  held  in  the  year  eighteen  hundred  and  eighty- 
nine  and  every  two  years  thereafter,  at  the  general  state 
election  four  aldermen  shall  be  elected  from  each  aldermanic 
district,  as  hereinbefore  described  and  constituted,  and  seven 


Legislative  Department.  24 


Title  II. 


aldermen  shall  be  elected  at-large  from  the  entire  city  at  the 
same  time,  and  the  aldermen  so  elected  from  time  to  time  shall 
constitute  the  common  council.  The  said  members  of  the 
common  council  shall  hold  office  for  two  years  from  the  first 
day  of  Januai-y,  at  twelve  o'clock,  noon,  next  succeeding 
their  election.  The  board  of  estimate  of  the  City  of  Brook- 
lyn is  hereby  empowered  and  directed  forthwith  to  meet 
and  to  determine  by  a  majority  vote  thereof  whether  the 
aldermen  in  office  at  the  time  of  the  passage  of  this  act  and 
their  respective  successors,  from  time  to  time,  shall  receive 
an  annual  salary,  and  if  the  board  shall  so  determine,  then 
the  said  board  of  estimate  by  a  majority  vote  of  its  members 
shall  fix  and  determine  the  amount  of  said  salary.  Any 
money  requu-ed  to  pay  the  salaries  of  the  said  aldermen  until 
the  first  day  of  January,  eighteen  hundred  and  ninety-three, 
shall  be  paid  out  of  the  revenue  fund.  All  vacancies  which 
may  occur  in  said  common  council  by  reason  of  the  death, 
resignation  or  removal  of  a  member,  or  otherwise,  shall  be 
filled  for  the  unexpired  term  by  the  election  of  the  said  com- 
mon council,  to  be  determined  by  a  majority  of  all  the  mem- 
bers elected  thereto. 

Ch.  817,  Laws  of  1892. 

§  4.  Every  alderman  shall,  at  the  time  of  his  election,  be 
an  elector  of  said  city,  and  shall  have  been  a  citizen  of  the 
United  States  and  a  resident  of  the  city  for  at  least  three 
years  immediately  previous  thereto.  No  alderman  shall,  dur- 
ing the  term  for  which  he  is  elected,  hold  any  other  public 
office,  except  that  of  notary  public,  or  commissioner  of  deeds. 
If  any  alderman,  elected  imder  the  provisions  of  this  act, 
shall  be  appointed  or  elected  to  and  accept  such  public  office, 
or  remove  out  of  the  district  in  which  he  shall  have  been 
elected  after  his  election,  or  during  his  term  of  office  as  such 
alderman,  his  office  as  such  alderman  shall  immediately  be- 
come vacant. 

^  5.  The  members  of  the  common  council  shall,  unless 
removed  for  cause,  hold  office  until  their  places  are  supplied 
by  the  election  of  new  members,  who  shall  have  qualified  in 
the  manner  provided  by  this  act.  They  may  also  resign 
theu'  respective  offices  at  any  time,  by  filing  written  notices 


Title  II. 


25       Legislative  Department. 


thereof  with  the  city  clerk  and  publishing  a  copy  of  such 
notice  in  the  corporation  newspapers. 

§  6.  The  common  council  shall  appoint  a  clerk,  who  shall 
perform  such  duties  as  may  be  prescribed  for  him.  The 
clerk  so  appointed  shall  also  be  the  city  clerk,  and  hold  his 
office  for  two  years,  unless  removed  for  cause  and  by  consent 
of  the  common  council.  The  city  clerk  shall  have  charge  of 
all  the  papers  and  documents  of  the  city,  except  such  as  are 
by  law  committed  to  the  keeping  of  the  several  departments, 
or  of  other  officers,  countersign  all  licenses  granted  by  the 
mayor,  and  keep  the  record  of  the  proceedings  of  the  com- 
mon council.  He  shall  perform  such  duties  as  are  required 
of  the  clerks  of  the  several  towns  of  this  state  not  inconsist- 
ent with  this  Act.  He  shall  engross  all  the  ordinances  of 
the  common  council,  in  a  book  to  be  provided  for  that  pur- 
pose, with  proper  indices,  which  book  shall  be  deemed  a 
public  record  of  such  ordinances,  and  each  ordinance  shall 
be  signed  by  the  mayor,  or  acting  mayor,  and  said  clerk. 
Copies  of  all  papers  duly  filed  in  his  office,  and  transcripts 
thereof,  and  of  the  records  of  proceedings  of  the  common 
council,  and  copies  of  the  laws  or  ordinances  of  the  said  city, 
certified  by  him  under  the  corporate  seal,  shall  be  evidence 
in  all  courts  and  places  of  the  matters  therein  contained. 
He  shall  also  receive  and  pay  over  to  the  treasurer  all  moneys 
which  by  any  law  or  usage  are  paid  to  the  clerk  of  the 
city,  and  make  return  thereof,  under  oath,  to  the  comptroller. 

§  7.  A  majority  of  aldermen  elected  shall  constitute  a 
quorum,  but  a  smaller  number  may  adjourn  from  time  to 
time,  and  compel  the  attendance  of  absent  members. 

§  8.  The  common  council  shall,  annually,  elect  a  president 
from  its  own  body,  and  in  his  absence,  a  president  for  the 
time  being,  choose  officers,  appoint  the  times  and  places  of 
the  meetings,  determine  the  rules  of  its  proceedings,  be  the 
sole  judge  of  the  qualifications,  elections,  and  returns  of  its 
members,  keep  a  journal  of  its  proceedings,  and  may  punish 
or  expel  a  member  for  disorderly  conduct,  or  a  violation  of 
its  rules,  or  declare  his  seat  vacated  by  reason  of  absence, 
provided  such  absence  be  continued  for  the  space  of  two 


Legislative  Department.  26 


Title  II. 


months.  But  no  expulsion  shall  take  place,  except  by  the 
vote  of  two-thirds  of  all  the  members  elected,  nor  until  the 
delinquent  member  shall  have  had  an  opportunity  to  be 
heard  in  his  defense. 

^  9.  Every  ordinance  or  resolution  of  the  common  council, 
shall,  before  it  takes  efifect,  be  presented,  duly  certified,  to 
the  mayor,  and  the  approval  of  the  minutes  of  the  said 
board,  shall  be  conclusive  evidence  that  the  said  ordinance 
or  resolution  has  been  so  presented  to  the  mayor.  If  he 
approves  of  it,  he  shall  sign  it,  if  not,  he  shall  return  it 
with  his  objections,  and  file  it  with  the  clerk  within  ten 
days  after  he  receives  it :  the  said  board  shall,  at  its  first 
regular  meeting  thereafter,  enter  the  objections  at  length  in 
its  journal,  and  cause  said  objections  to  be  published  in  the 
corporation  newspapers,  after  which  publication  it  shall  pro- 
ceed to  reconsider  the  same,  and  if  two-thirds  of  all  the 
members  elected  shall  then  agree  to  pass  the  same,  it  shall 
take  eftect  as  a  law  :  but  in  ever}^  such  case  the  votes  shall 
be  taken  by  ayes  and  nays,  and  entered  on  the  journal.  And 
if  such  ordinance  or  resolution  shall  not  be  returned  by  the 
mayor  within  ten  days  after  he  has  received  it,  it  shall  be- 
come a  law  in  like  manner  as  if  he  had  signed  it.  But  no 
such  ordinance  or  resolution  shall  take  effect,  in  any  sense, 
until  the  day  following  the  next  regular  meeting  of  the 
board  except  by  the  unanimous  consent  of  the  board,  in 
which  case  it  sh  all  take  effect  upon  being  approved  by  the 
mayor ;  and  no  debt  or  obligation  of  any  kind  shall  be 
created  by  said  common  council  against  said  city,  except  by 
ordinance  or  resolution  of  said  common  council  specifying 
the  amount  and  object  of  such  expenditure. 

§  10.  The  common  council  shall,  at  least  once  in  each  year, 
not  less  than  twenty  days  before  the  annual  election,  cause  to 
be  printed  in  pamphlet  form,  a  f  uil  statement  of  all  the  re- 
ceipts and  expenditures  of  every  description  for  the  fiscal 
year  ending  on  the  thirty-first  day  of  December  preceding 
such  statement,  including  all  the  moneys  which  have  passed 
through  the  hands  of  the  treasurer  for  any  purpose  whatever, 
together  with  the  different  sources  of  city  revenue,  the  amount 
received  from  each,  the  several  appropriations  made  by  the 


Title  II. 


27       Legislative  Department. 


common  council,  the  objects  for  which  the  same  were  made 
and  the  sums  expended  for  each  ;  also  any  monej-  boiTowed 
upon  t'le  credit  of  the  city,  whether  by  temporary  loans  or 
by  the  issue  of  bonds,  the  terms  upon  which  it  was  obtained, 
the  authority  under  which  it  was  borrowed,  and  the  purpose 
to  which  it  was  applied,  and  how  much  of  the  same  or  other 
city  indebtedness  has  been  paid  and  by  what  means ;  a  copy 
of  which  statement  shall  be  supplied  to  every  citizen  making 
application  therefor.  The  statement  shall  also  include  a  de- 
tailed account  of  city  property,  personal  and  real,  its  value, 
and  if  rented,  to  whom  and  on  what  terms,  of  existing  debts 
of  every  description,  and  shall  exhibit  the  condition  of  the 
sinking  fund,  with  all  such  other  information  as  may  be  nec- 
essary for  a  full  understanding  of  the  financial  concerns  of 
the  city,  distinguishing  therein  the  indebtedness  and  property 
of  the  former  cities  of  Brooklyn  and  William sburgh  and 
towns  of  Bushwick  and  New  Lots. 

§  11.  The  common  council  shall  hold  stated  weekly  meet- 
ings commencing  on  the  first  Monday  of  January  in  each 
year,  unless  the  said  first  Monday  happen  on  the  first  day 
of  the  year,  in  which  case  such  stated  meetings  shall  com- 
mence on  the  second  Monday  of  January  ;  but  the  Mayor,  or 
in  his  absence  any  three  aldermen,  may  call  special  meetings 
of  the  board  of  aldermen,  hy  notice  to  each  alderman  served 
upon  him  personally  or  left  at  his  usual  place  of  residence. 
The  common  council  may,  at  any  regular  meeting  by  resolu- 
tion, order  a  special  meeting,  and  such  resolution  shall  not 
require  the  approval  of  the  mayor. 

§  12.  The  common  council  shall  have  power  within  said 
city  to  make,  establish,  publish  and  modify,  amend  or  repeal 
ordinances,  rules,  regulations  and  by-laws  not  inconsistent 
with  this  act  or  with  the  constitution  or  laws  of  the  United 
States,  or  of  this  state,  for  the  following  purposes : 

1.  To  order  and  direct  the  levy  and  collection  of  assess- 
ments and  to  manage  its  property  and  finances,  subject, 
however,  to  the  powers  and  duties  herein  prescribed  in 
respect  to  the  several  departments  created  b}'  this  act. 

2.  To  supervise  the  affairs  of  all  the  departments  and 
officers  herein  named,  and  to  examine  into  any  charges  pre- 


Legislative  Department.  28 


Title  n. 


ferred  against  any  officer,  clerk  or  agent  of  the  city  and  into 
the  affairs  of  any  corporation,  department  or  board  in  which 
the  city  may  be  interested,  and  for  this  pm*pose  they  shall 
have  access  to  all  the  records  thereto  pertaining,  and  have 
the  power  to  send  for  persons,  books  or  papers,  to  administer 
oaths  and  to  examine  witnesses. 

3.  To  regulate  all  matters  connected  with  the  public 
wharves  and  all  business  conducted  thereon,  and  with  aU 
parks,  places  and  streets  of  the  city. 

4.  To  regulate  or  prohibit  swimming  or  bathing  in  the 
waters  of  or  bounding  the  city,  and  to  establish  and  maintain 
in  the  city  one  or  more  public  baths,  as  they  may  deem 
necessary,  and  to  establish  suitable  rules  and  regulations  for 
the  management  of  the  same. 

5.  To  prohibit  and  abate  nuisances  and  assess  the  expenses 
of  such  abatement  upon  the  city  or  upon  the  property  affected 
thereby. 

6.  To  regulate  the  burial  of  the  dead. 

7.  To  enlarge  the  fire  district  and  to  prohibit  and  regulate 
the  storage  or  sale  of  materials  which,  in  their  judgment,  are 
dangerous.  Provided,  however,  that  no  extension  of  the  fire 
district  shall  be  of  force  and  effect  until  the  common  council 
have  given  thirty  days'  notice  of  their  intention  to  make  such 
extension  by  pubHcation  thereof  in  the  corporation  news- 
papers in  said  city,  and  until  the  resolution  of  the  board  of 
aldermen  providing  for  such  extension  shall  have  been  duly 
approved  by  the  mayor,  and  a  copy  thereof,  as  approved  and 
certified  by  the  clerk  to  the  common  council,  shall  have  been 
pubhshed  for  thirty  days  successively  in  said  corporation 
newspapers. 

8.  To  prohibit  or  regulate  and  license  all  places  of  public 
amusement. 

9.  To  regulate  weights  and  measures  and  to  appoint  city 
siu'veyors. 

10.  To  regulate  and  license  common  carriers,  carriers  of 
passengers,  criers,  hawkers,  peddlers,  pawnbrokers,  junk 
dealers,  public  cartmen,  truckmen,  hackmen,  cabmen,  ex- 
pressmen, dealers  in  coal,  firewood,  hay  and  straw,  auction- 
eers, keepers  of  intelligence  offices,  keepers  of  billiard  saloons. 


Title  II. 


29       Legislative  Department. 


bowling  alleys,  shooting  galleries,  exhibitions,  menageries, 
cii'cuses,  common  shows  and  dogs.  The  common  council 
shall  also  fix  an  annual  license  fee,  not  exceeding  the  sum  of 
twenty  dollars,  for  each  street  or  horse  car  daily  operated  or 
used  in  said  city.  Every  raiboad  company  operating  or 
using  such  cars  shall,  on  or  before  the  first  day  of  June  in 
each  year,  certify  to  the  city  clerk  the  average  number  of 
cars  daUy  operated  and  used  by  said  company,  which  certifi- 
cate shall  be  verified  by  the  oath  of  one  of  the  managing 
officers  of  said  company,  and  every  such  railroad  company 
shall,  on  or  before  the  first  day  of  July  in  each  year,  pay  to 
the  treasurer  of  said  city  the  license  fee  so  established  for 
the  average  number  of  cars  so  operated  and  used  by  said 
company.  Said  license  fees  shall  be  taken  in  full  satisfaction 
for  the  use  of  the  streets  or  avenues,  but  the  same  shall  not 
relieve  said  companies  from  any  obligations  required  by  law 
to  keep  such  streets  and  avenues  or  any  part  thereof  in 
repair. 

11.  To  establish,  license  and  regulate  public  and  private 
markets,  and  to  license,  regulate  or  prohibit  slaughter 
houses  and  any  noxious  traffic  or  business. 

12.  To  prohibit  disorderly  conduct,  and  the  keeping  of 
disorderly  houses,  to  restrain  and  punish  vagrants,  mendi- 
cants, street  beggars,  and  common  prostitutes,  and  to  pre- 
scribes penalties  for  disobedience  of  this  act  and  of  all  ordin- 
ances. 

13.  To  direct  the  digging  down,  draining  or  filling  up  of 
lots  or  parcels  of  ground,  in  all  cases  in  which,  by  a  vote  of 
two-thirds,  they  shall  decide  such  digging  down,  draining  or 
filling  up  to  be  necessary,  for  preventing  any  damage  or  in- 
jury to  the  streets,  sidewalks,  crosswalks,  or  to  the  adjoining 
property,  or  for  abating  a  nuisance,  which  said  work  shall  be 
done  at  the  expense  of  the  owners  thereof ;  to  direct  the 
fencing  in  or  inclosing  of  vacant  lands  adjoining  any  street, 
and  the  building  and  maintaining  of  sufficient  brick  or  stone 
walls  between  any  lot  or  piece  of  land,  and  any  street  or 
avenue  adjoining  the  land,  or  between  any  lots  where  the 
same  shall  be  required  in  the  opinion  of  the  said  common 
council  by  reason  of  either  of  said  lots  not  being  on  the 
grade  of  the  street  upon  which  either  of  the  same  may  front. 


legislative  Department.  30 


Title  II. 


to  protect  the  lot  or  lots  upon  the  grade  of  said  street  or 
to  protect  said  street,  and  to  require  such  wall  to  be  built 
upon  any  lot  or  piece  of  land  which  shall  not  so  conform  to 
the  grade,  at  the  expense  of  the  owner  or  owners  thereof, 
and  to  assess  and  to  collect  the  expenses  of  the  work  aforesaid, 
in  the  same  manner  as  for  regulating,  grading  and  paving 
streets,  but  before  any  ordinance  shall  be  passed  for  any  of 
the  purposes  in  this  subdivision  mentioned,  ten  days'  notice 
of  the  application  for,  or  the  intention  to  pass  such  ordinance 
shall  be  given  to  every  person  to  be  affected  thereby,  either 
personally,  or  by  publication  in  the  corporation  newspapers. 

14.  To  do  all  other  acts  necessary  to  carry  into  effect  the 
provisions  of  this  act,  or  of  such  other  acts  as  relate  to  the 
City  of  Brooklyn. 

15.  To  cause  sidewalks  to  be  improved  by  the  laying  of 
flagstones  thereon,  or  such  other  material  as  they  may  deem 
expedient  for  the  purpose  of  making  a  good  footpath,  and  to 
cause  the  expense  thereof  to  be  assessed  upon  the  adjoining 
lots,  and  to  be  levied  and  collected  in  the  same  manner  as 
other  local  improvements :  also  to  repair  the  same  or  put 
sidewalks  in  a  safe  condition  and  to  lay  crosswalks  and  set 
and  reset  old  curb  and  gutter  stones.  The  expense  for  such 
repairs  and  laying  of  crosswalks  shall  be  a  charge  upon  the 
ward  in  which  such  improvements  are  made,  and  for  the  pur- 
pose of  defraying  such  expenses  the  board  of  estimate  are 
hereby  directed  to  include  in  each  year  in  their  annual  esti- 
mate and  }  eport  of  the  amount  necessary  to  be  raised  for  city 
purposes  in  said  city  such  an  amount  for  each  ward  as  they 
may  deem  sufficient  to  meet  such  expenses.  No  petition  for 
any  of  the  improvements  in  this  subdivision  mentioned,  shall 
be  necessary ;  but  no  assessment  shall  be  laid  which  shall 
exceed  one-half  of  the  actual  value  of  the  lot  to  be  assessed. 

Subdivision  15  added  by  Chap.  371,  Laws  of  1889. 
§'  13.  The  common  council  shall  also  have  power  to  make, 
establish,  alter,  modify,  amend  and  repeal  all  such  other  or- 
dinances, rules,  police,  health,  excise,  fire  and  building  regu- 
lations, and  by-laws  not  contrary  to  the  laws  of  the  State  or 
of  the  United  States,  as  they  may  deem  necessary  to  carry 
into  effect  the  powers  conferred  on  it  by  this  act,  or  by  any 
other  law  of  the  State,  and  such  as  they  may  deem  necessary 


Title  II. 


31       Legislative  Department, 


and  proper  for  the  good  government,  order  and  protection  of 
persons  and  property,  and  for  the  preservation  of  public 
health,  peace  and  prosperity  of  said  city  and  its  inhabitants. 

§  14.  In  every  by-law,  ordinance  or  regulation  which  the 
said  common  council  may  pass,  it  shall  impose  a  penalty  for 
the  violation  or  non-performance  thereof,  provided  that  any 
general  penalty  heretofore  or  hereafter  imposed  by  ordinance 
of  the  said  common  council  for  the  violation  or  non-perform- 
ance of  any  ordinance  wherein  no  specific  penalty  is  imposed, 
shall  be  held  to  fulfill  the  requirements  of  this  section.  Or- 
dinances heretofore  or  hereafter  adopted  may  provide  that 
a  deposit  may  be  required  upon  the  issue  of  any  permit,  and 
that  the  head  of  the  department  whence  the  permit  issues 
in  case  of  any  violation  of  the  terms  thereof,  may  apply  such 
deposit  or  any  part  thereof  necessary  to  save  the  city  from 
loss  of  expense  on  account  of  such  violation. 
Ch.  703,  Laws  of  1893. 

§  15.  Suits  may  be  prosecuted  in  the  corporate  name  of 
the  city  against  any  person  or  persons  who  sBall  violate  any 
provisions  of  any  law,  ordinance  or  regulation  of  the  common 
council  of  said  city,  or  who  shall  neglect  or  refuse  to  per- 
form any  act  or  duty  thereby  required  of  him  or  them  ;  and 
in  every  such  action  it  shall  be  sufficient  to  state  in  the  com- 
plaint, the  by-laws,  ordinance  or  regulation,  and  the  section 
thereof,  upon  which  such  action  is  brought :  and  proceedings 
for  any  violations  of  the  ordinances  of  the  city  imposing  a 
penalty,  may  be  commenced  by  warrant  for  the  arrest  of  the 
offender,  as  well  as  by  summons,  to  be  issued  by  any  magis- 
trate or  court  having  jurisdiction  in  the  case,  before  whom 
complaint  shall  be  made,  under  oath,  and  every  police  justice 
and  justice  of  the  peace  in  said  city  shall  have  jurisdiction  in 
all  such  cases. 

§  16.  Every  general  ordinance,  by-law,  rule  or  regulation 
which  may  be  passed  by  the  common  council,  imposing  a 
penalty,  shall  after  the  passage  thereof,  and  before  the  same 
shall  take  effect,  be  published  for  ten  days  successively  in  the 
corporation  newspapers.  Proof  of  such  publication,  by  the 
affidavit  of  the  printer  or  publisher  of  such  newspaper  or 
papers,  taken  before  any  officer  authorized  to  administer 


Legislative  Department.  32 


Title  n. 


oaths,  filed  in  the  ofi&ce  of  the  city  clerk,  or  a  copy  thereof 
certified  by  said  city  clerk,  shall  be  deemed  conclusive  evi- 
dence thereof  in  aU  courts  and  places,  but  such  publication 
may  be  proved  by  any  other  competent  evidence. 

§  17.  The  common  council  shall  designate  four  daily  news- 
papers (one  of  which  shall  be  printed  and  pubUshed  in  the 
eastern  district  of  said  city,  and  one  of  which  shall  be  pub- 
lished in  the  German  language,  having  the  largest  actual 
average  daily  circulation  therein),  in  which  shall  be  pub- 
lished all  the  ordinances,  resolutions,  notices,  tax  and  assess- 
ment sales,  and  all  other  proceedings  which  by  this  act  or 
any  other  act  are,  or  may  be  required  to  be  pubHshed  affect- 
ing said  city,  provided  that  the  aggregate  expenditure  shall 
not  exceed  sixty  thousand  dollars  per  annum,  exclusive  of 
tax  and  assessment  sales,  which  shall  be  published  by  said 
papers,  at  rates  to  be  fixed  by  the  common  council ;  and  fur- 
ther provided  that  such  papers  as  have  been  heretofore  des- 
ignated as  corporation  newspapers  shall  continue  to  act  as 
such  until  the  common  council  shall  by  a  two-thirds  vote  of 
all  the  members  elect,  designate  other  papers  in  place'  of 
them  or  either  of  them. 

Chap.  49  of  the  Laws  of  1888  has  the  effect  of  repeal- 
ing this  section,  and  said  act  as  amended  by  Chap.  87 
of  the  Laws  of  1890,  is  as  follows  : 

§  18.  The  common  council  shall  designate  four  daily 
newspapers  published  in  the  City  of  Brooklyn  (one  of 
which  shall  be  printed  and  published  in  the  eastern  dis- 
trict of  said  city  and  one  of  which  shall  be  published  in 
the  German  language)  having  the  largest  actual  average 
daily  circulation  therein,  in  which  shall  be  published  all 
the  ordinances,  resolutions,  notices,  tax  and  assessment 
sales  and  all  other  proceedings  which  by  this  act  or  any 
other  act  are  or  may  be  required  to  be  published  affect- 
ing said  city,  provided  that  the  aggregate  expenditures 
for  publication  in  such  four  newspapers  shall  be  seventy 
thousand  dollars  per  annum  :  sixty  thousand  dollars  to 
be  paid  in  equal  parts  to  the  three  papers  printed  in  the 
English  language  and  ten  thousand  doUars  to  the  paper 
printed  in  the  German  language,  exclusive  of  tax  and 
assessment  sales,  which  shall  be  published  by  said  papers 
at  rates  to  be  fixed  by  the  common  council ;  and  further 
provided  that  such  papers  as  have  been  heretofore  des- 


Title  n. 


33       Legislative  Department. 


ignated  as  corporation  newspapers  shall  continue  to  act  as 
such  untn  the  common  council  shall  by  a  two-third  vote 
of  all  the  members  elect  designate  other  papers  in  place 
of  them,  or  either  of  them.  The  members  of  the  com- 
mon council  chosen  by  the  poUticsil  party  therein  in  the 
minority  shall  also  designate  a  newspaper  published  in 
the  EngHsh  language  and  having  the  largest  average 
daily  circulation  of  newspapers  published  in  said  city, 
and  not  designated  as  hereinbefore  provided,  in  which 
shall  be  made  the  same  and  all  publications  as  is  herein- 
before provided  to  be  made  in  four  newspapers,  and 
compensation  shall  be  made  therefor  at  the  same  rate 
as  is  made  as  hereinbefore  provided  for  publication  in 
each  of  the  other  three  newspapers  published  in  the 
English  language.  Such  designation  by  such  minority 
members  shall  be  made  and  may  from  time  to  time  be 
changed  by  a  majority  of  such  minority  members  by 
filing  certificates  of  such  designation  or  change  in  the 
office  of  the  clerk  of  the  city.  Hereafter  no  newspaper 
shall  be  designated  as  a  corporation  newspaper  that 
has  not  been  pubUshed  as  a  daily  paper  in  said  City  of 
Brooklyn  for  at  least  two  years  before  being  so  designated. 
Ch.  87,  Laws  of  1890. 

BOARD  OF  ESTIMATE. 

?  18.  The  commissioners  of  the  sinking  fund  of  the 
City  of  Brooklyn,  together  with  the  supervisor-at-large  and 
the  treasurer  of  the  County  of  Kings,  shall  be  a  boai'd  of 
estimate,  who  shall,  in  each  year,  estimate  the  amount  re- 
quired to  be  raised  by  law,  for  all  city  and  county  purposes, 
including  the  moneys  raised  for  the  board  of  education  and 
the  commissioners  of  charities  for  the  fiscal  year  next  suc- 
ceeding :  they  shall  state  separately  what  will  be  required 
for  city  and  county  purposes,  respectively.  The  amount  so 
raised  in  said  city  for  city  and  county  purposes  shall  not  ex- 
ceed two  cents  per  dollar  upon  an  amount  equal  to  the  aggre- 
gate of  the  assessed  value  of  the  property  in  said  city  for  the 
previous  year,  and  no  greater  amount  shall  be  raised  in  said 
city  by  tax  for  such  purposes  ;  but  nothing  herein  contained 
shall  prevent  the  raising  by  tax  of  any  further  moneys  which 
shall  be  requu-ed  to  pay  the  principal  and  interest  of  the  city 
and  county  debt  hereafter  to  become  due.  The  city  and 
county  departments  and  officers,  including  the  park  commis- 


Legislative  Department.  34 


Title  II. 


sioners  and  the  commissioners  of  chai-ities  and  the  board  of 
supervisors  of  Kings  County,  shall,  on  or  before  the  fifteenth 
day  of  May  in  each  year,  transmit  to  the  said  board  of  esti- 
mate a  statement  in  detail  of  the  several  amounts  which  in 
their  judgment,  will  be  required  for  the  use  of  the  said  board 
of  supervisors,  the  said  department,  officers  and  commission- 
ers, respectively.  The  said  board  of  estimate  shall  revise 
such  statements  and  fix  a  certain  amount  to  be  raised  for  the 
use  of  the  said  board  of  supervisors  :  and  each  of  the  said 
several  depai-tments,  officers  and  the  said  commissioners  re- 
spectively, for  the  year  next  ensuing.  The  said  board  of  esti- 
mate shall  include  each  year  in  their  annual  estimate  and 
report  of  the  amount  necessary  to  be  raised  for  city  purposes 
in  said  city,  such  amount,  not  exceeding  one  hundred  thou- 
sand dollars,  as  they  may  deem  necessary,  to  be  used  as  a 
fund  for  the  making  of  local  Improvements,  except  flagging 
or  reflagging  sidewalks  and  fencing  vacant  lots.  And  such 
further  amount,  not  exceeding  fifty  thousand  dollars,  as  they 
may  deem  necessary,  to  be  used  as  a  fund  applicable  to  con- 
tracts for  flagging  or  reflagging  sidewalks,  fencing  vacant 
lots,  digging  down,  draining  or  filling  up  lots  or  parcels  of 
land,  and  such  amounts  included  in  the  annual  tax  levy  of 
said  city  for  the  purpose  aforesaid,  shall  form  a  part  of  the 
assessment  fund,  but  shall  be  used  for  the  local  improvements 
designated  respectively  and  no  other.  The  said  board  of 
estimate  shall  annually,  on  or  before  the  first  Monday  in 
July,  present  to  the  common  council  of  the  Cit}^  of  Brooklyn 
theii'  estimate  of  the  amount  t j  be  raised  for  city  purposes, 
and  the  said  common  council  shall  thereupon  deteimine  what 
sums  shall  be  necessary  for  the  year  commencing  the  first 
day  of  January  thereafter :  they  may,  by  a  majority  vote  of 
all  the  members  elected,  reduce  the  said  several  amounts 
fixed  by  the  said  board  of  estimate  for  the  said  several  city 
departments,  officers  and  commissioners,  including  the  board 
of  education,  but  they  shall  not  increase  the  said  amounts  ; 
and  there  shall  be  no  further  action  taken  on  the  said  esti- 
mates by  the  common  council  after  the  first  Tuesday  in 
October ;  the  city  clerk  shall  thereupon  substitute,  in  eack 
case  where  a  reduction  has  been  made  by  the  common  coun- 


Title  n. 


35      Legislative  Department. 


cil,  the  amount  as  reduced  in  place  of  that  fixed  by  the  board 
of  estimate,  and  shall,  on  or  before  the  second  Monday  in 
October,  certify  to  the  board  of  supervisors  of  Kings  County 
the  said  several  amounts  as  they  then  stand,  giving  also  the 
aggregate  amount  thereof,  and  the  said  aggregate  anaount 
shall  be  raised  for  city  purposes  in  the  annual  tax  levy  next 
following. 

See  Sec,  29  of  this  title. 

The  board  of  estimate  authorized  to  provide  for  sup- 
port of  destitute  mothers  and  infants. 
Chap.  472,  Laws  of  1888. 

The  board  of  estimate  authorized  to  provide  for  sup- 
ix)rt  of  the  ruptured  and  crippled. 
Chap.  179,  Laws  of  1891. 

The  board  of  estimate  authorized  to  fix  salaries  of 
certain  officers,  subordinates  and  employees. 
Chap.  486,  Laws  of  1892. 

The  board  of  estimate  authorized  to  include  in  annual 
statement  amounts  prescribed  by  law  to  be  raised  and 
paid  to  charitable  institutions,  &c. 

Also  to  appropriate  excise  moneys  to  certan  benevo- 
lent institutions. 

Cbap.  221,  Laws  of  1875. 

The  board  of  estimate  authorized  to  provide  for  the 
celebration  of  memoriiil  day. 
Chap.  429,  Laws  of  1894. 

The  board  of  estimate  authorized  to  fix  salaries  of 
certain  officers. 

Chap.  446,  Laws  of  1892. 

The  board  of  estimate  to  prescribe  maximum  amount 
to  be  annuallv  expended  for  expenses  of  board  of  excise. 
Cnap.  401,'Laws  of  1892,  Sec.  8. 

19.  The  common  council  shall  have  no  power  to  remit 
fines  for  penalties  incurred  in  violation  of  ordinances  or  for^ 
feitures  for  non-fulfillment  of  contracts  for  work  done  incases 
where  local  assessments  may  be  laid. 

?  20.  It  shaU  be  the  duty  of  the  mayor,  comptroller  and 
common  council  to  include  in  their  statements  and  estimates 
provided  for  by  section  eighteen  of  this  title,  the  sum  of  four 
thousand  dollars  to  be  paid  to  the  City  Hospital ;  the  sum  of 
four  thousand  doUais  to  be  paid  to  the  Long  Island  College 
Hospital :  the  sum  of  four  thousand  doUars  to  be  paid  to  the 


Legislative  Department.  3G 


Title  11. 


Brooklyn  Homoeopatliic  Hospital :  the  sum  of  fifteen  liundi*ed 
dollars  to  be  paid  to  the  Brookl^'n  Central  Dispensary ;  the 
sum  of  fifteen  hundred  dollars  to  be  paid  to  the  Brooklyn  City 
Dispensary ;  the  sum  of  fifteen  hundred  dollars  to  be  paid  to 
the  Brooklyn  Eclectic  Dispensary- :  the  sum  of  fifteen  hundred 
dollars  to  be  paid  to  the  Brooklyn  Homoeopathic  Dispensary  : 
the  sum  of  two  thousand  dollars  to  be  paid  to  the  Williams- 
burgh  Dispensary  :  the  sum  of  fifteen  hundred  dollars  to  be. 
paid  to  the  Long  Island  College  Dispensary  ;  the  sum  of  fif- 
teen hundred  dollars  to  be  paid  to  the  Gates  Avenue  Homoeo- 
pathic Dispensary  :  the  sum  of  twenty-five  hundred  dollars  to 
be  paid  to  the  Brooklyn  Nursery  :  the  sum  of  fifteen  hundred 
dollars  to  be  paid  to  the  Williamsburgh  Homoeopathic  Dis- 
pensary :  the  sum  of  twenty-five  hundred  dollars  to  bo  paid  to 
the  Brooklyn  Lying-in  Asylum  ;  the  sum  of  fifteen  hundred 
dollars  to  be  paid  to  the  Eye  and  Ear  Hospital  of  the  City  of 
Brooklyn  :  the  sum  of  one  thousand  dollars  to  be  paid  to  the 
Southern  Dispensary  and  Hospital ;  the  sum  of  fifteen  hun- 
dred dollars  to  be  paid  to  the  Orthopedic  Dispensary  :  the  sum 
of  four  thousand  dollars  to  be  paid  to  the  Saint  Peter's  Hos- 
pital :  the  sum  of  fifteen  hundred  dollars  to  be  paid  to  the 
Saint  Peter's  Dispensary  :  the  sum  of  fifteen  hundred  dollars 
to  be  paid  to  the  Atlantic  Avenue  Dispensary  ;  the  sum  of  one 
thousand  dollars  to  be  paid  to  the  Saint  Mary's  Dispensary  ; 
the  sum  of  fifteen  hundred  dollars  to  be  paid  to  the  Brooklyn 
Diet  Dispensary :  the  sum  of  fifteen  hundred  dollars  to  be  paid 
to  the  Saint  Catharine's  Dispensary:  the  sum  of  four  thousand 
dollars  to  be  paid  to  the  Saint  Catharine's  Hospital ;  the  sum 
©f  one  thousand  dollars  to  be  paid  to  the  Helping  Hand  of 
Brooklyn  ;  the  sum  of  one  thousand  dollars  to  be  paid  to  the 
Sheltering  Arms  Nursery  of  Brooklyn  ;  the  sum  of  four  thou- 
sand dollars  to  be  paid  to  the  Brooklyn  Home  for  Consump- 
tives ;  the  sum  of  four  thousand  dollars  to  be  paid  to  the 
Memorial  Hospital ;  the  sum  of  four  thousand  dollars  to  be 
paid  to  the  Saint  Mary's  Hospital  of  the  City  of  Brooklyn  ;  the 
sum  of  fifteen  hundred  dollars  to  be  paid  to  the  Central 
Homoeopathic  Dispensary  :  the  sum  of  fifteen  hundred  dollars 
to  be  paid  to  the  Memorial  Dispensary  ;  the  sum  of  fifteen 
hundred  dollars  to  be  paid  to  the  Bush  wick  and  East 
Brooklyn  Dispensary^ :  tte  sum  of  fifteen  hue di'ed  dollars  to 


Title  II. 


37      Legislative  Department 


be  paid  to  the  dispensary  of  the  College  of  Phj'sicians  and 
Surgeons  of  Saint  Mary's  Hospital  of  the  City  of  Brooklyn ; 
the  sum  of  four  thousand  dollars  to  be  paid  to  the  Methodist 
Episcopal  Hospital  of  the  City  of  Brooklyn  :  the  sum  of  fifteen 
hundred  dollars  to  be  paid  to  the  Lucretia  Mott  Dispensary 
and  Infirmary  :  and  the  sum  of  two  thousand  dollars  to  be 
paid  to  the  Saint  Mary's  Female  Hospital :  and  the  sum  of 
fifteen  hundred  dollars  to  be  paid  to  the  Lutheran  Hospital 
Association  of  the  City  of  New  York  and  vicinity  ;  the  sum  of 
fifteen  hundred  dollars  to  be  paid  to  the  Brooklyn  Throat 
Hospital :  the  sum  of  fifteen  hundred  dollars  to  be  paid  to  the 
Bedford  Dispensary ;  and  the  sum  of  two  thousand  dollars  to 
be  paid  to  the  Saint  Martha's  Sanitarium  and  Dispensary  ;  and 
the  sum  of  three  thousand  dollars  to  be  paid  to  the  Central 
Throat  Hospital  and  Polyclinic  Dispensary ;  and  the  sum  of 
four  thousand  dollars  to  be  paid  to  the  Long  Island  Throat 
and  Lung  Hospital  and  Peoples'  Dispensary  Association  :  the 
sum  of  four  thousand  dollars  to  be  paid  to  the  Norwegian 
Lutheran  Deaconesses  Home  and  Hospital :  the  sum  of  two 
thousand  dollars  to  be  paid  to  the  Brooklyn  Home  for  Aged 
Colored  People ;  such  several  sums  of  money  to  be  paid  to  the 
several  institutions  in  consideration  of  their  contracting  to 
render  and  rendering  medical  and  surgical  aid  and  treatment 
to  the  poor  of  the  City  of  Brooklyn,  who  may  apply  to  them 
therefor  ;  such  contract  to  be  in  writing,  executed  on  behalf 
of  the  city  by  the  said  mayor  and  comptroller,  and  also  by  the 
executive  officers  of  said  associations  respectively,  and  to  be 
approved  by  the  counsel  to  the  corporation  of  said  city,  and 
to  be  filed  annually  on  or  before  the  thirty -first  day  of  May^ 
in  the  office  of  the  clerk  of  said  city. 
Chap.  181,  Laws  of  1894. 

Chap.  445,  of  the  laws  of  1894,  supplements  the  provi- 
sions of  this  section  as  follows  : 

Section  1.  It  shall  be  the  duty  of  the  mayor,  comptroller 
and  common  council  of  the  City  of  Brooklyn  to  include 
in  their  statements  and  estimates  provided  by  section 
eighteen  of  title  two  of  chapter  five  hundred  and  eighty- 
three  of  the  laws  of  eighteen  hundred  and  eighty-eight, 
entitled  :  "  An  act  to  revise  and  combine  in  a  single  act 
all  existing  special  and  local  laws  affecting  public  interests 
in  the  City  of  Brooklyn,"  and  the  acts  amendatory  thereof 


legplslative  Department.  38 


Title  II. 


the  sum  of  three  thousand  dollars  to  be  paid  to  Saint 
Mary's  Maternity  and  Infants'  Home ;  the  sum  of  two 
thousand  dollars  to  be  paid  to  the  Memorial  Training 
School  for  Nurses  :  the  sum  of  twenty-five  hundred  dol- 
lars to  be  paid  to  the  Brooklyn  Throat  Hospital  in  addi- 
tion to  the  sum  of  fifteen  hundred  dollars  now  provided 
b}^  law  :  and  the  sum  of  two  thousand  dollars  to  be  paid 
to  Saint  Martha's  Sanitarium,  in  addition  to  the  sum  of 
two  thousand  dollars  now  provided  by  law  ;  four  thou- 
sand dollars  to  be  paid  to  the  Church  Charity  Founda- 
tion of  Long  Island  for  its  hospital :  and  the  sum  of 
twenty-five  hundred  dollars  to  be  paid  to  the  House  of 
Saint  Giles  the  Cripple  :  the  said  sum  of  money  to  be 
paid  to  said  institutions  respectively  in  consideration  of 
their  contracting?  to  render  and  rendering  medical  and 
surgical  aid  and  treatment  to  the  poor  of  the  City  of 
Brooklyn  who  may  apply  to  them  respectively  therefor  ; 
such  contract  to  be  in  writing,  executed  on  behalf  of  the 
city  by  the  said  mayor  and  comptroller,  and  also  by  the 
executive  officers  of  said  institutions  respectively,  and  to 
be  approved  by  the  counsel  to  the  corporation  of  said 
city,  and  to  be  filed  annually  on  or  before  the  first  day  of 
May,  in  the  office  of  the  clerk  of  said  city. 

§  21.  The  common  council  shall  have  power  to  alter  and 
change  the  names  of  all  the  avenues,  streets,  places,  alleys, 
lanes  and  public  ways  in  the  City  of  Brooklyn  ;  and  the  rec- 
ord of  the  action  of  the  common  council  in  respect  thereto 
shall  be  filed  in  the  office  of  the  city  clerk,  and  shall  be  bind- 
ing on  all  persons  in  respect  to  the  matters  thereby  appearing. 

§  22.  The  common  council  shall  have  power  to  appoint  such 
interpreters  as  may  be  necessary  in  the  courts  of  justices  of 
the  peace  and  police  justices  in  said  city  ;  fix  their  salaries, 
prescribe  their  duties,  fill  all  vacancies  and  remove  any  per- 
son so  appointed,  for  cause,  at  any  time.  And  such  appoint- 
ments may  be  made  upon  the  requisition  or  recommendation 
of  said  justices.  The  common  council  shall  have  power  to 
change  and  fix  and  regulate  the  salaries  of  the  following  offi- 
cers of  said  city,  namely :  the  mayor,  the  comptroller,  the 
auditor,  the  treasurer,  the  collector,  the  assessors,  except  the 
president,  and  the  attorney  and  counsel  of  the  corporation, 
and  to  fix  and  regulate  the  salaries  of  the  several  officers  of 
said  city,  except  such  as  are  established  by  law,  and  excepting 
also  the  salaries  of  the  subordinates  in  the  several  depart- 


Title  II. 


39       Legislative  Department- 


ments  of  said  city.  The  salaiies  severally  applicable  to  each 
head  of  a  department,  commissioner,  assessor  or  justice  hold- 
ing office  for  a  specified  term  shall  not  be  changed  during  the 
term  of  office  of  the  person  at  the  time  being  the  head  of  a 
department,  commissioner,  assessor  or  justice,  nor  during  the 
time  intervening  between  the  general  election  and  the  first 
day  of  January  following ;  and  provided  further  that  this 
section  shall  not  apply  to  the  following  named  officers  and 
subordinates  in  the  department  of  police,  namely  ;  the  super- 
intendent of  pohce,  the  inspectors  of  police,  the  captains  of 
police,  the  sergeants  of  police,  the  roundsmen  of  police,  the 
detectives  of  police,  the  patrolmen,  the  police  surgeons,  the 
doormen,  the  fire  marshal ;  nor  to  the  firemen,  engineers  and 
drivers  employed  in  the  department  of  fire. 

See  Chap.  446,  Laws  of  1892,  as  to  salaries. 

Salaries  of  excise  commissioners  to  be  fixed  by  com- 
mon council. 
Chap.  401,  L.  1892,  Sec.  8. 

§  23.  The  common  coimcil  shall  have  power  to  establish 
markets,  make  parks,  build  bridges  and  to  make  other  im- 
provements for  the  use  of  said  city,  and  to  create  loans  and 
to  issue  bonds  therefor,  payable  at  such  times  and  in  such 
manner  and  at  such  rates  of  interest  as  they  may  direct,  but 
no  such  bonds  shall  be  issued  except  as  provided  by  law,  nor 
unless  the  proposition  for  creating  such  debt  shall  have  been 
previously  submitted  to  the  electors  of  said  city  at  a  regular 
charter  election,  of  which  three  months'  notice  shall  have  been 
published  in  the  corporation  newspapers,  and  such  proposi- 
tion shall  have  then  received  the  affirmative  vote  of  a  majority 
of  the  voters  at  such  election. 

§  24.  The  common  council  may,  by  ordinance,  direct  the 
mode  and  manner  of  submitting  such  proposition  to  the 
electors  of  said  city. 

§  25.  In  case  the  majority  of  said  electors  shall  be  in  favor 
of  creating  such  loan,  the  common  council  which  shall  be  in 
office  next  after  such  election  has  taken  place  may,  by  a  vote 
of  a  majority  of  all  the  members  elected,  confirm  said  loan ; 
but  no  bonds  shall  be  issued  therefor  until  the  common  coun- 
cil shall  have  made  specific  provisions  for  a  sinking  fund,  to 


Legislative  Department.  40 


Title  II. 


be  raised  by  annual  tax,  sufficient  to  pay  and  discharge  such 
bonds  at  maturity,  and  the  faith  and  property  of  the  city 
shall  be  and  is  hereby  pledged  for  the  final  payment  of  any 
and  all  such  loans. 

?  26.  The  common  council,  after  the  taxes  have  been  levied 
in  any  year,  shall  have  power  to  make  temporary  loans  in  an- 
ticipation of  the  collection  of  such  taxes,  such  loans  to  be  ap- 
plied to  the  purposes  for  which  such  taxes  have  been  levied, 
and  for  no  other  purpose,  and  such  tax  shall  be  inviolably 
applied  to  pay  such  loans. 

^27.  All  ordinances  now  in  force  in  the  City  of  Brooklyn 
not  inconsistent  with  this  act  shall  remain  in  force  until  re- 
pealed. 

^  28.  The  keeper  and  the  assistant  keeper  of  the  City  Hall 
in  the  City  of  Brooklyn  shall  be  appointed  by  the  common 
council  of  said  city,  and  shall  hold  their  offices  respectively 
for  the  term  of  five  years,  unless  sooner  removed,  and  until 
their  successors  are  appointed,  except  that  the  persons  here- 
after appointed  to  succeed  in  office  the  present  keeper  and 
assistant  keeper  of  the  City  Hall  shall  enter  upon  the  duties 
of  their  offices  on  the  first  day  of  Januai-y,  eighteen  hundred 
and  eighty-eight.    See  Ch.  80,  Laws  1888. 

^  29.  The  board  of  estimate  created  by  section  eighteen  of 
this  title  may  also  include  in  their  statements  and  estimates 
provided  for  by  section  eighteen  of  this  title  such  sum  or 
sums  of  money,  not  to  exceed  the  sum  of  ten  thousand  dol- 
lars, for  the  period  of  ten  years,  annually,  for  the  relief  of  the 
benevolent  funds  known  as  the  widows'  and  orphans'  fund  of 
the  various  volimteer  fire  departments  that  formerly  per- 
formed fire  duties  in  the  City  of  Brooklyn  and  Town  of  New 
Lots,  which  sum  or  sums  of  money  shall  be  paid  in  the  month 
of  January,  annually,  by  the  comptroller  of  the  City  of  Brook- 
lyn to  the  treasurers  of  the  said  several  benevolent  funds  for 
the  uses  and  purposes  of  said  funds,  as  follows :  To  the  treas- 
urer of  the  widows'  and  orphans'  fund  of  the  late  volunteer 
fire  department  of  the  western  district  a  sum  equal  to  fifty 
per  centum  of  the  whole  amount  appropriated ;  to  the  treas- 
urer of  the  widows'  and  orphans'  fund  of  the  late  volunteer 
fire  department  of  the  eastern  district  a  sum  equal  to  forty 


Title  II. 


41       Legislative  Department. 


per  centum  of  the  whole  amount  appropriated,  and  to  the 
treasurer  of  the  widows'  and  orphans'  fund  of  the  late  volun- 
teer fire  department  of  the  Town  of  New  Lots  a  sum  equal  to 
ten  per  centum  of  the  whole  amount  appropriated,  and  such 
moneys  shall  be  under  the  control  and  direction  of  the  vari- 
ous boards  of  trustees,  who  now,  by  law,  have  the  control  and 
direction  of  said  funds,  and  shall  be  used  for  the  purposes  of 
said  funds  and  for  no  other  purposes  whatever, 
Ch.  86,  Laws  of  1890. 

§  29.  The  common  council  of  said  city  shall  have  power 
from  time  to  time  to  change,  alter  and  reform  the  ward 
boundaries  of  the  City  of  Brooklyn. 
Ch.  455,  Laws  of  1892. 


* 


! 


TITLE  III. 

OF  CITY  OFFICERS— THEIR  ELECTION  AND 
DUTIES. 

Section  1.  The  administrative  power  of  said  corporation 
shall  be  vested  in  the  mayor,  the  heads  of  the  departments 
hereinafter  named,  and  such  other  officers  as  shall,  from  time 
to  time,  be  created  by  law  or  appointed  by  virtue  of  this  act. 

§  2.  There  shall  be  the  following  departments : 

1.  Department  of  finance. 

2.  Department  of  audit. 

3.  Treasury  department. 

.    .  4.  Department  of  collection. 

5.  Department  of  arrears. 

6.  Department  of  law. 

7.  Department  of  assessment. 

8.  Department  of  police  and  excise. 

9.  Department  of  health. 

10.  Department  of  fire. 

11.  Department  of  buildings. 

12.  Department  of  city  works. 

13.  Department  of  parks. 

14.  Department  of  public  instruction. 

The  heads  of  the  said  departments,  except  the  department 
of  finance  and  the  department  of  audit,  shall  be  appointed  by 
the  mayor  as  hereinafter  prescribed.  The  head  of  each  said 
departments  (except  the  department  of  assessment)  shall 
have  power  to  designate  and  appoint,  and  at  pleasure  remove 
a  person  in  his  department  as  his  deputy  or  first  assistant ; 
and  the  person  so  designated  as  deputy  or  first  assistant 
shall  during  the  absence  or  inability  of  the  head  of  the  de- 
partment by  whom  he  was  appointed,  have  power  to  perform 
all  the  ordinary  duties  of  such  head  of  department,  except 
the  power  to  make  appointments,  subject,  however,  to  such  re- 
strictions or  regulations  as  may  be  provided  by  the  head  of 
the  department  so  appointing  him.  All  official  business  of 
the  several  said  departments  shall  be  transacted  at  the  offices 
of  the  said  departments  and  a  continuous  record  or  minute 


City  Officers. 


44 


Title  IIL 


shall  be  kept  at  the  said  offices,  respectively,  of  such  business. 
The  officer  or  officers  at  the  head  of  any  department  may  ap- 
point and  remove  his  or  their  clerks  and  assistants  and  other 
subordinates,  and  fix  their  salaries  ;  provided,  however,  that 
on  and  after  the  expiration  of  thirty  days  from  the  time  when 
a  new  officer  or  officers  shall  have  been  appointed  as  such 
head  of  department,  he  or  they  may  remove  clerks  or  assist- 
ants only  upon  filing  in  writing  the  reasons  for  any  removal 
with  the  city  clerk,  which  reasons  shall  not  be  questioned  in 
any  other  place,  except  that  foremen,  inspectors  and  laborers 
temporarily  employed  under  the  departments  of  city  works 
may  be  removed  at  any  time  at  the  pleasure  of  the  head  of 
such  department.  No  person  emploj-ed  on  the  police  force 
or  on  the  force  for  extinguishing  fires  shall  be  removed  with- 
out cause,  and  then  only  after  a  public  trial  by  the  head  of 
his  department,  and  af^er  having  been  found  guilty  of  mis- 
conduct or  neglect  of  duty,  or  having  been  adjudged  incapa- 
ble of  performing  his  duty  ;  the  evidence  on  such  trial  shall 
be  taken  in  full,  and  kept  as  a  public  record. 

?  8.  The  mayor,  comptroller  and  auditor  shall  be  elected, 
and  all  other  officers  shall  be  appointed,^ as  in  this  act  pro- 
vided. The  term  of  office  of  the  mayor,  auditor  and  comp- 
troller shall  be  for  two  years,  and  in  case  of  a  vacancy  in  the 
office  of  either  auditor  or  comptroller,  now  existing  or  here- 
after created  by  death  or  resignation,  the  mayor  of  the  City 
of  Brooklyn  shall  appoint  a  proper  person  to  be  either  auditor 
or  comptroller,  as  the  case  may  be,  with  all  .the  powers  and 
functions  of  such  officer,  to  fill  the  vacancy  so  created,  until 
the  first  day  of  January  next  succeeding  the  first  annual 
election  after  the  happening  of  the  vacancy,  and  at  such 
election  a  comptroller  or  auditor,  as  the  case  may  be,  shall  be 
elected  for  the  unexpired  term,  if  any  there  be.  No  person 
shall  be  elected  or  appointed  to  any  office  unless  he  be  at  the 
time  of  his  election  or  appointment  a  citizen  of  the  United 
States,  resident  and  elector  of  the  city  for  at  least  three  years 
immediately  prior  thereto ;  and  if  elected  to  any  ward  office, 
an  actual  resident  in  such  ward,  and  his  removal  therefrom 
shall  vacate  such  office. 

Ch.  105,  Laws  of  1889. 


Title  III. 


45 


City  Oilcers. 


§  4.  No  person  so  elected  or  appointed  shall,  during  his 
term  of  office,  hold  any  other  public  office  whatever  (except 
that  of  commissioner  of  deeds  and  notary  public),  the  fees  or 
emoluments  of  which  are  paid  out  of  the  city  treasury,  or 
shall  be  directly  or  indirectly  interested  in  any  contract  to 
which  the  city  or  any  department  thereof  is  a  party ;  and 
the  holding  of  any  such  other  office  or  official  position  shall 
be  deemed  and  held  to  be  a  vacation  of  the  office  to  which  he 
was  elected  or  appointed.  And  no  person  so  elected  or  ap- 
pointed shall  receive  any  compensation  whatever  except  his 
salary  fixed  by  law  or  ordinance  for  any  services  performed 
or  work  done  under  any  public  authority.  The  persons  so 
elected  or  appointed  shall  severally  execute  a  bond  to  the 
corporation,  in  such  penalty  and  with  such  sureties  as  the 
common  council  shall  require,  conditioned  for  the  faithful 
performance  of  their  respective  duties.  In  case  such  officers 
shall  refuse  or  neglect  for  ten  days  after  being  notified  of 
their  election  or  appointment  to  execute  or  deliver  to  the  city 
clerk,  and  in  case  of  the  city  clerk  to  the  comptroller, 
the  bond  therein  required,  such  neglect  or  refusal  shall 
be  immediately  reported  to  the  common  council,  who 
may  declare  such  office  vacant :  and  thereupon  the  mayor 
shall  nominate,  and,  with  the  consent  of  the  common 
council,  appoint  proper  persons  to  fill  such  vacancies.  Such 
sureties  shall  justify  in  such  form  as  the  common  council 
shall  prescribe,  and  the  bonds  thereby  required,  after  having 
been  fully  approved,  shall  be  filed  in  the  office  of  the  city 
clerk,  except  that  the  bond  of  the  city  clerk  shall  be  filed  in 
the  office  of  the  comptroller,  before  any  one  of  the  officers 
required  to  execute  the  same  shall  enter  upon  the  duties  of 
their  respective  office.  Every  person  elected  or  appointed  to 
any  office  in  pursuance  of  this  act,  or  of  any  law  or  ordinance 
of  the  common  council,  shall,  before  he  enters  upon  the  duties 
of  such  office,  take  and  subscribe  before  the  mayor,  city  clerk, 
or  some  person  authorized  to  administer  the  same,  the  consti- 
tutional oath  of  office  of  this  State,  and  file  the  same  in  the 
office  of  the  city  clerk  ;  aud  if  any  such  person  shall  neglect 
to  take  such  oath  for  ten  days  after  receiving  notice  of  his 
election  or  appointment,  unless  prevented  by  unavoidable 
absence  from  the  city,  or  by  sickness,  from  doiug  so,  he  shall 


City  Officers. 


46 


Title  III. 


be  considered  as  having  declined  said  office,  and  the  same 
shall  be  deemed  vacant ;  and  whenever  such  vacancy  shall 
occur,  the  mayor  shall  nominate,  and  with  the  consent  of  the 
common  council,  appoint  suitable  persons  to  fill  such  vacan- 
cies except  in  cases  where  the  power  of  appointment  to  the 
office  to  become  vacant  is  vested  in  the  mayor.  In  all  such 
cases  the  vacancy  shall  be  filled  by  appointment  of  the  mayor 
alone.  No  officer  or  person  who  is  paid  a  salary  for  his  ser- 
vices from  the  city  treasury  shall  receive  to  or  for  his  own  use 
any  fees,  perquisites  of  office,  commissions,  percentage,  or 
moneys  paid  to  him  in  his  official  capacity ;  but  all 
fees,  perquisites,  commissions,  percentages  and  moneys, 
so  paid  and  received  by  any  such  officer  or  person 
shall  be  the  property  of  the  city,  and  shall  be  paid  by  him 
into  the  city  treasury  :  and  all  moneys  received  for  licenses 
or  permits  shall  be  paid  into  the  treasury  weekly,  without 
deduction  by  the  department  or  officer  receiving  them,  and 
every  such  officer  or  person  who  shall  receive  any  fees,  per- 
quisites, commissions,  percentages,  or  other  moneys  which 
belong  to  the  city,  and  should  be  so  paid  into  the  treasury, 
shall,  before  he  shall  be  entitled  to  receive  or  be  paid  his 
salary,  make  under  oath  a  detailed  statement  and  return  to 
the  comptroller,  in  such  form  as  he  may  prescribe,  showing 
the  aggregate  amount  of  all  such  moneys  received  by  him 
since  the  last  preceding  statement  and  return,  and  shall  pro- 
duce a  receipt  showing  the  payment  of  such  sum  into  the 
treasury.  The  comptroller  may  require  any  such  officer  or 
person  to  make  such  statement  and  return  to  him,  if  it  be 
not  made  as  herein  provided,  and  examine  any  such  officer  or 
person  under  oath,  touching  the  amount  of  any  fees,  per- 
quisites, commissions,  percentages,  or  moneys  paid  to  or 
received  by  him  in  his  official  capacity. 

^  5.  Elections  for  mayor  and  such  other  officers  as  are  by 
the  provisions  of  this  act  to  be  elected,  shall  be  held  by  the 
electors  of  the  said  city  on  the  day  of  the  general  election  at 
the  same  time  and  places  and  in  such  manner  and  under 
such  regulations  as  are  or  shall  be  prescribed  by  law  in 
regard  to  State  elections. 

§6.  At  the  said  elections  the  judges  of  the  city  court  of 


Title  III. 


47 


City  Officers. 


Brooklyn,  police  justices  and  justices  of  the  peace,  or  such  of 
them  as  are  required  to  be  chosen  at  any  election,  shall  be 
voted  for  on  a  separate  ballot,  indorsed,  "  judiciary ;  "  the 
mayor,  comptroller  and  auditor  shall  be  voted  for  on  a  sepa- 
rate ballot  to  be  endorsed,  "  city  officers  ;  "  the  aldermen  and 
constables  shall  be  voted  for  on  a  separate  ballot,  indorsed, 
"  ward  officers."  Such  ballots  shall  be  deposited  by  the  in- 
spectors of  the  different  election  districts  in  separate  boxes, 
to  be  provided  by  the  city. 

This  section  is  superseded  by  the  General  Election 
Law,  Chap.  680,  Laws  of  1892,  as  amended  by  Chap. 
233,  Laws  of  1893,  and  Chaps.  275  and  302,  Laws  of 
1894. 

.  §  7.  For  the  purpose  of  canvassing  the  votes  given  at  any 
election,  the  board  of  aldermen  shall  constitute  the  board  of 
canvassers.  The  mayor,  or  in  his  absence  the  president  of  the 
common  council,  shall  preside,  and  the  city  clerk  or  his  deputy 
shall  be  the  clerk  thereof.  They  shall  meet  at  the  room  of 
the  common  council  on  the  Tuesday  next  following  the  elec- 
tion, at  or  before  one  o'clock  in  the  afternoon  of  that  day, 
and  a  majority  of  aldermen  shall  constitute  a  quorum.  The 
clerk  shall  then  produce  the  original  statements  of  canvass 
in  each  district,  as  the  same  shall  have  been  delivered  to  him ; 
and  from  them  the  board  shall  proceed  to  ascertain  the  vote 
given  at  such  election  for  the  several  officers  mentioned  in 
such  statements. 

^  8.  They  shall  make  a  written  statement  of  the  whole 
number  of  votes  given  for  the  several  officers  to  be  elected  at 
such  election,  the  names  of  the  persons  to  whom  such  votes 
were  given,  and  the  number  of  votes  given  to  each. 

?  9.  Upon  such  statement  the  board  of  canvassers  shall 
proceed  to  determine  and  declare  what  person  or  persons 
have  received  the  highest  number  of  votes  for  each  of  the 
offices  mentioned  in  such  statement.  In  case  any  two  or 
more  persons  shall  have  received  an  equal  number  of  votes 
for  the  same  office,  the  board  shall  determine  by  lot  between 
them.  The  statement  and  final  declaration  of  the  board 
shall  be  certified  by  the  presiding  officer  and  clerk,  and  filed 
in  the  office  of  tho  county  cler'^. 


City  Officers. 


48 


Title  III. 


^  10.  The  clerk  shall  keep  proper  minutes  of  the  proceed- 
ings of  the  board  and  enter  the  same  with  the  statement  and 
declaration  of  the  board  in  the  book  of  minutes  of  the  board 
of  aldermen.  Said  statement  and  declaration  shall,  within 
one  week  thereafter,  be  published  in  the  corporation  news- 
paper ;  aud  within  ten  days  after  the  board  shall  have  de- 
termined what  persons  have  been  elected,  the  clerk  shall 
cause  written  notice  of  his  election  to  be  given  to  each  of  the 
persons  so  elected. 

§  11.  No  person  shall  be  eligible  to  the  office  of  mayor  un- 
less he  has  resided  in  the  city  at  least  five  years,  and  has  at- 
tained the  age  of  twenty-five  years.  His  salary  shall  be  six 
thousand  dollars  per  annum.  He  shall,  by  virtue  of  his  office, 
be  a  supervisor  of  the  County  of  Kings,  and  shall  possess  all 
the  jurisdiction  and  exercise  all  the  powers  and  authority  in 
criminal  cases  of  a  justice  of  the  peace  of  said  city,  in  addi- 
tion to  the  powers  heretofore  given  him  by  this  act,  but  shall 
receive  no  fees  for  his  services  as  such  justice  of  the  peace,  or 
for  his  services  as  supervisor.    It  shall  be  his  duty : 

1.  To  communicate  to  the  common  council,  at  their  first 
meeting  in  the  month  of  January,  each  year,  and  oftener  if 
he  shall  deem  it  expedient,  a  general  statement  of  the  condi- 
tion of  the  city  in  relation  to  its  government,  finances  and 
improvements,  with  such  recommendations  as  he  may  deem 
proper. 

2.  To  be  vigilant  and  active  in  causing  the  laws  and  ordin- 
ances of  the  city  to  be  duly  executed  and  enforced,  to  exer- 
cise a  constant  supervision  over  the  conduct  and  acts  of  all 
officers,  to  examine  into  all  complaints  preferred  against  them 
for  a  violation  or  neglect  of  duty,  and  generally  to  perform 
all  such  duties  as  may  be  required  of  him  by  law  :  for  which 
purpose  he  shall  have  and  possess  all  the  authority  and  power 
in  criminal  cases,  to  arrest  and  commit  for  examination  all 
offenders  for  offences  committed  within  said  city  against  the 
laws  of  this  State,  of  a  police  magistrate  or  justice  of  the 
peace  of  any  of  the  towns  of  this  State,  and  for  the  preserva- 
tion of  the  peace.  And  shall  have  the  power  and  authority 
to  issue  warrants  against  any  and  all  persons  violating  any  of 
the  ordinances,  by-laws  or  regulations  of  the  common  council. 


Title  III. 


49 


City  Officers. 


or  to  direct  the  j  roper  officers  to  arrest  such  persons,  and 
summarily  to  hear,  try  and  determine  and  dispose  of  the 
same,  where  the  penalty  imposed  by  said  ordinance,  by-law 
or  regulation  shall  not  exceed  ten  dollars.  And  in  case  the 
penalty  impcsed  by  said  ordinance,  by-law  or  regulation  shall 
not  be  paid  forthwith,  upon  such  person  being  adjudged 
guilty,  then  the  said  mayor  shall  have  power,  by  warrant 
under  his  hand  and  seal,  to  commit  the  said  offender  to  the 
county  jail  of  Kings  County  for  a  term  not  exceeding  thirty 
days,  or  until  the  tine  is  paid  ;  and  in  cases  where  the  pen- 
alty shall  exceed  ten  dollars,  the  said  mayor  may,  after  ex- 
amination, hold  the  parties  to  bail.  And  in  all  cases  where 
such  person  shall  hold  a  license  or  warrant,  granted  by  the 
common  council,  or  any  of  the  officers  thereof,  it  shall  be 
lawful  for  the  said  mayor  to  suspend  said  license  or  warrant, 
or  the  person  so  found  guilty,  from  the  benefits  and  privi- 
leges of  said  license  or  warrant  until  the  common  council 
shall  pass  upon  the  same.  And  it  shall  be  the  duty  of  the 
maj^or  to  report  the  fact  of  such  suspension,  together  with 
his  reason  therefor,  to  the  board  of  aldermen  at  the  next 
meeting  thereof.  And  no  person  so  suspended  shall  be  en- 
titled to  any  benefits,  privileges  or  rights  under  such  license 
or  warrants  until  the  suspension  shall  be  removed  by  the 
common  council.  He  shall,  jointly  with  the  comptroller,  sign 
all  warrants,  bonds  and  other  obligations  of  the  corporation. 
But  he  shall  not  sign  any  warrant  or  other  obligation  unless 
a  proper  voucher  therefor  shall  have  been  first  examined  and 
certified  to  by  him  ;  and  he  shall  sign  no  bonds  for  any  loan 
unless  the  receipt  of  the  treasurer  for  the  money  loaned  shall 
have  been  first  seen  and  indorsed  by  him. 

if  12.  The  mayor  shall  have  sole  and  exclusive  power  to  ap- 
point the  heads  of  the  several  departments,  except  the  head 
of  the  department  of  finance  and  the  head  of  the  deps-rtment 
of  audit,  and  shall  have  sole  and  exclusive  power  to  appoint 
the  «ssessors  and  members  of  the  board  of  education,  herein- 
after mentioned ;  and  the  term  of  office  of  said  appointees 
and  their  successors  shall  be  for  two  years,  except  the  as- 
sessors, whose  term  shall  be  for  five  years  and  the  board  of 
education,  whose  term  of  office  shall  be  three  years;  provided, 


City  Officers. 


50 


Title  III. 


however,  that  if  the  mayor  shall  refuse  or  neglect  for  a  period 
of  thirty  days  after  the  expiration  of  the  term  of  any  officer,  to 
make  an  appointment  to  office  authorized  to  be  made  pursuant 
to  this  section,  then  and  in  that  case  such  refusal  or  neglect 
shall  be  adjudged  and  deemed  to  be  in  all  respects  equivalent 
to  and  taken  as  an  express  appointment  of  the  commissioner 
or  other  officer  who  may  at  the  time  bo  holding  such 
office.  The  mayor  may  suspend  any  officer  appointed 
by  the  mayor,  provided  he  shall  forthwith  serve  in  writing 
upon  the  person  suspended  the  charges  and  specifications 
upon  which  such  suspension  has  been  made,  and  on  a 
notice  of  not  I'^ss  than  five  nor  more  than  ten  days,  served 
upon  the  mayor  by  the  person  so  suspended,  the  special  term 
of  th«  supreme  court  shall  forthwith  hear  the  proofs  and 
arguments  on  such  charges  and  specifications,  and  determine 
thereon  if  such  suspended  officers  should  be  removed,  and  the 
judgment  of  such  special  term  that  such  officer  be  removed, 
affirmed  by  the  general  term  of  the  supreme  court,  shall  re- 
move the  person  so  suspended  from  office  from  the  d<»te  of 
his  suspension  ;  but  if  the  judgment  of  the  special  term 
or  of  the  general  term  of  the  supreme  court  shall  be 
against  such  removal,  such  suspension  shall  thereupon 
cease;  provided  that  the  ma5'or  may  appeal  from  a  judgment 
of  the  special  term,  favorable  to  the  accused,  to  the  general 
term  and  the  general  term  may  reverse  the  judgment  of  the 
special  term  and  find  judgment  of  removal  against  the  ac- 
cused officer,  if  in  its  judgment  justice  so  requires.  The 
mayor  may,  if  the  interests  of  the  city  require  it,  make  a 
temporary  appointment  during  such  suspension.  Heads  of 
departments  and  officers  of  said  city  shall  not  be  liable  to 
third  parties  for  the  misfeasance  or  nonfeasance  of  any  per- 
son appointed  by  or  subordinate  to  them.  All  vacancies 
occu^-ring  during  the  term  for  which  an  officer  shall  have  been 
appointed  shall  be  filled  only  for  the  unexpired  term  of  such 
officer. 

See  Ch.  467,  Laws  of  1888. 

§  13.  Whenever  there  shall  be  a  vacancy  in  the  office  of 
mayor,  or  whenever  the  mayor  shall  be  prevented  by  absence 
from  the  city,  by  sickness,  or  any  other  cause,  from  attending 


Title  III. 


51 


City  Officers. 


to  the  duties  of  his  office,  the  president  of  the  board  of  alder- 
men, or,  if  the  said  president  shall  be  absent  or  disabled,  the 
president  to  be  elected  pro  tempore  shall  act  as  mayor,  and 
possess  all  the  rights  and  powers  of  the  mayor  during  the 
vacancy  in  office,  or  such  absence  or  disability  of  the  mayor, 
or  of  the  president  of  the  common  council. 

§  14.  There  shall  be  elected  annually,  in  each  ward,  one 
<ionstable,  who  shall  hold  office  for  the  term  of  one  year  from 
the  first  day  of  J anuary  succeeding  his  election.  He  shall  give 
such  security  as  shall  be  prescribed  by  the  common  council, 
and  shall  perform  the  duties  which  are  by  law  prescribed  to 
constables  in  the  towns  and  counties  of  this  State. 

§  15.  The  mayor  may  at  any  time  assign  any  justice  of  the 
peace  or  police  justice  to  hold  court  in  any  district  in  the  city 
of  Brooklyn,  and  every  such  court  shall  be  open  for  the  trans- 
action of  business  from  nine  o'clock  in  the  forenoon  until  three 
o'clock  in  the  afternoon. 

§  16.  There  shall  be  elected  at  the  general  election  to  be 
held  in  ttie  year  eighteen  hundred  and  ninety-three,  and  at 
such  election  every  two  years  thereafter,  by  the  electors  re- 
spectively of  the  first,  third,  fifth,  seventh,  ninth,  eleventh, 
thirteenth,  fifteenth,  seventeenth,  nineteenth,  twenty-first, 
twenty-third,  twenty-fifth  and  twenty-seventh  wards  of  the 
said  city,  one  supervisor  for  each  of  the  said  wards  ;  and 
there  shall  be  elected  at  the  general  election,  in  the  year 
eighteen  hundred  and  ninety-two  and  at  such  election  every 
two  years  thereafter,  by  the  electors  respectively  of  the  second, 
fourth,  sixth,  eighth,  tenth,  twelfth,  fourteenth,  sixteenth, 
eighteenth,  twentieth,  twenty-second,  twenty-fourth,  twenty- 
sixth  and  twenty-eighth  wards  of  said  city,  one  supervisor  for 
each  of  the  last  mentioned  wards,  and  at  the  general  election 
to  be  held  in  the  year  eighteen  hundred  and  ninety-two  there 
shall  be  elected  by  the  electors  of  the  twenty-seventh  ward  of 
said  city  a  supervisor  who  shall  hold  office  for  one  year  from 
the  first  day  of  January  next  succeeding  his  election  and  until 
his  successor  shall  be  chosen  as  above  provided  and  shall 
have  qualified.  The  supervisors  so  chosen  shall  be  entitled 
to  take  their  seats  on  the  first  day  of  January  next  succeed- 


City  Officers. 


52 


Title  IIL 


ing  their  election,  and  shall  hold  their  office  until  their  suc- 
cessors shall  be  chosen  as  above  provided  and  shall  have 
qualified.  The  supervisors  to  be  chosen,  by  this  section  pro- 
vided, shall  possess  the  powers  and  be  entitled  to  the  com- 
pensation respectively  of  the  supervisors  of  the  County  of 
Kings. 

Ch.  57,  Laws  of  1892. 
§17.  Any  supervisor  elected  under  the  provisions  of  this, 
title  may  resign  his  office  at  any  time  by  filing  a  written  res- 
ignation with  the  city  clerk,  and  the  said  office  shall  be  and 
become  vacant  immediately  upon  the  filing  of  such  resigna- 
tion. 

§  18.  Whenever  a  vacancy  shall  occur  in  the  office  of  super- 
visor for  any  of  the  wards  of  said  city  such  vacancy  shall  be 
filled  by  the  common  council.  The  person  appointed  to  fill 
such  vacancy  shall  hold  his  office  by  virtue  of  such  appointment 
until  the  beginning  of  the  political  year  next  succeeding  the 
first  annual  election  after  the  happening  of  the  vacancy,  and 
if  such  vacancy  shall  exist  after  the  commencement  of  said 
political  year  the  same  shall  be  filed  at  the  general  election, 
next  preceding  such  time. 

Ch.  35,  Laws  of  1893 


TITLE  IV. 


OF  THE  DEPARTMENT  OF  FINANCE. 

Section  1.  There  shall  be  a  comptroller,  who  shall  be  elec- 
ted at  the  general  election  to  be  held  in  the  year  one  thousand 
■eight  hundi-ed  and  eighty-eight,  and  every  two  years  there- 
•^fter.    His  salary  shall  be  six  thousand  dollars  per  annum. 
His  term  of  office  shall  commence  on  the  first  day  of  January 
next  succeeding  his  election.    He  shall  be  the  head  of  the 
^nance  department,  having  the  direction  and  management  of 
the  accounts  and  finances,  subject  to  the  ordinances  of  the 
-common  council,  and  shall  render  to  the  common  council,  as 
often  as  required,  a  full  and  detailed  statement  of  all  the  re- 
ceipts and  disbursements  of  the  city  government,  specifying 
the  amount  expended  and  unexpended  on  each  appropriation 
made  by  the  common  council,  with  the  state  of  account,  to- 
gether with  a  general  statement  of  UabiHties  and  resomces 
of  the  city,  and  such  other  information  as  may  be  necessary 
to  a  full  understanding  of  the  financial  affairs  of  the  city.  He 
shall  also,  under  the  direction  of  the  common  council,  prepare 
the  annual  statement  hereinbefore  dii'ected  to  be  published, 
and  manage  all  the  financial  concerns  of  the  corporation,  in 
addition  to  such  duties  as  may  be  requked  of  him  by  law. 
He  may  administer  an  oath  to  any  person  or  officer  who  shall 
be  required  to  render  an  occount  or  make  any  retura  to  him, 
or  furnish  proof  of  his  right  to  receive  any  sum  of  money  or 
any  evidence  of  indebtedness  from  the  said  comptroller,  or 
from  the  City  of  Brooklyn.    He  shall  prescribe  the  forms  and 
methods  of  keeping  and  rendering  all  city  accounts,  the  forms 
of  accounts  and  pay-rolls  to  be  used  in  the  several  depart- 
ments and  offices,  the  manner  in  which  all  salaries  shall  be 
di-awn,  and  the  mode  by  which  all  creditors,  officers  and  em- 
ployees of  tho  corporation  shall  be  paid.    All  salaries  shall  be 
payable  -monthly.    No  expenditui-es,  debts  or  disbursements 
of  the  several  departments  or  other  officers  shall  be  paid,  ex- 
cept upon  vouchers  properly  certified  and  audited,  as  provided 
-by  this  act. 


Department  of  Finance.  54 


Title  IV. 


?  2.  All  accounts  rendered  to  or  kept  in  the  other  depart- 
ments of  said  corporation  shall  be  subject  to  the  inspection 
and  revision  of  the  officers  of  this  department,  and  be  kept 
in  the  manner  prescribed  or  approved  by  the  comptroller, 
subject  to  the  ordinances  of  the  common  council. 

§  3.  No  bonds,  stocks,  or  other  obligations  of  the  City  of 
Brooklyn,  hereafter  to  be  issued,  shall  be  sold,  unless  bids 
for  the  same  shall  be  advertised  for  by  the  comptroller  in  the 
corporation  newspapers,  and  also  in  two  daily  newspapers 
published  in  the  City  of  New  York,  to  be  designated  by  the 
comptroller,  for  at  least  ten  days ;  ,and  all  such  bonds,  stocks, 
and  obligations  shall  be  awarded  to  the  highest  bidder 
therefor,  by  the  mayor  and  comptroller,  after  publicly  open- 
ing such  bids  by  them  :  provided  that  no  bonds,  stocks,  or 
other  obligations  shall  be  sold  for  less  than  their  par  value  and 
accrued  interest,  unless  with  the  consent  of  the  mayor,  comp- 
troller and  finance  committee  of  the  common  council.  The 
mayor  and  comptroller  may  reject  all  bids  which  they  con- 
sider not  for  the  advantage  of  the  city. 

§  4.  All  stocks,  bonds,  certificates  and  other  obligations  of 
the  City  of  Brooklyn,  hereafter  issued  under  the  authority  of 
this  act  or  any  other  act,  whether  general  or  special,  shall 
be  disposed  of  by  the  mayor  and  comptroller  and  shall  bear 
interest  at  such  rate,  not  exceeding  four  per  centum  per 
annum,  as  the  said  mayor  and  comptroller  shall  in  their  dis- 
cretion fix  and  determine,  except  that  certificates  of  indebted- 
ness or  revenue  bonds  issued  in  anticipation  of  the  collection 
of  taxes  may  bear  such  rate  of  interest,  not  exceeding  six  per 
centum  per  annum,  as  the  said  mayor  and  comptroller  shall 
determine,  and  all  bonds  hereafter  to  be  issued  by  the  City  of 
Brooklyn,  by  virtue  of  this  act,  or  of  any  other  act,  whether 
general  or  special,  shall  be  free  and  exempt  from  all  taxation 
except  for  State  purposes.  The  comptroller  shall  keep  care- 
ful accounts  of  the  same  in  his  office  and  shall  prescribe  the 
form  of  such  obligations  and  sign  the  same  jointly  with  the 
mayor,  but  no  stocks,  certificates  or  bonds  or  other  obligations 
shall  be  delivered  by  them  for  any  loan  to  the  corporation 
until  the  amount  has  been  actually  deposited  in  the  city 


Title  IV. 


55        Department  of  Finance. 


treasury  and  the  receipt  for  the  money  is  produced  and  filed 
in  the  comptroller's  office. 

Ch.  455,  Laws  of  1894. 

See  Ch.  357,  Laws  of  1892. 
§  5.  Whenever  the  City  of  Brooklyn  shall  issue  any  bonds 
or  certificates  of  indebtedness  to  secure  the  payment  of  monej' 
at  the  end  of  any  term  or  terms  of  years,  such  bonds  or  cer- 
tificates of  indebtedness  may  be  so  made  and  issued  that  by 
the  terms  thereof  the  city  shall  have  an  option  to  pay  such 
bonds  or  certificates  at  or  within  a  period  of  time  prior  to  the 
time  when  they  are  to  be  fully  due  and  payable,  and  after  a 
notice  by  public  advertisement,  to  be  specified  and  stated  in 
such  bonds  or  certificates,  said  city  shall  have  the  right  to 
exercise  such  option  according  to  the  terms  of  such  bonds  or 
certificates,  and  after  such  option  shall  have  been  exercised 
and  notice  thereof  given  according  to  the  terms  of  the  instru- 
ment, such  bonds  or  certificates  shall  be  due  and  payable  at 
such  time  as  may  be  thus  fixed  and  designated.  The  officers 
authorized  to  issue  any  such  bond  or  certificate  shall  have  the 
right  to  fix  the  form  and  terms  thereof,  and  such  officers  or 
their  successors  shall  have  the  right  on  behalf  of  said  city  to 
exercise  the  option  and  give  the  notice  hereinbefore  provided 
for. 

§  6.  The  comptroller  shall  prescribe  proper  rules  and  reg- 
ulations for  the  transfer  of  all  stocks  and  bonds  which,  by 
their  tenor,  are  transferable,  and  shall  provide  proper  and 
convenient  books  for  such  transfer,  which  shall  be  kept  in  the 
comptroller's  office.  But  no  transfer  of  any  stock  or  bond 
shall  be  allowed,  and  no  new  certificate  therefor  shall  be 
issued,  without  the  surrender  and  cancellation  of  the  certifi- 
cate previously  issued  for  the  same. 

§  7.  The  accounts  of  the  city  shall  be  divided  into  six  dis- 
tinct classes.  The  first  of  said  classes  shall  be  called  the 
general  fund,  the  second  shall  be  called  the  special  fund,  the 
third  shall  be  called  the  revenue  fund,  the  fourth  shall  be 
called  the  sinking  fund,  the  fifth  shall  be  called  the  redemp- 
tion fun"d,  the  sixth  shall  be  called  the  assessment  fund.  No 
money  raised  or  received  for  the  use  of  one  of  said  funds  shall 
at  any  time  be  used  for  the  purpose  of  either  of  the  other  of 
said  fimds,  except  as  hereinafter  provided. 


Department  of  Finance.  56 


Title  rv. 


OF  THE  SEVERAL  FUNDS  AND  THE  ACCOUNTS 
TO  BE  KEPT  THEREFOR. 

§  8.  The  general  fund  shall  comprise  all  taxes  levied  for 
any  purpose  within  said  city,  and  the  receipts  therefrom,  and 
all  payments  made  on  account  thereof :  also  all  city  appropri- 
ations and  expenditures  provided  for  by  such  tax,  and  by  tire 
income  of  the  revenue  fund.  The  accounts  of  said  funds 
shall  also  include  the  loans,  receipts  and  expenditures  on  ac- 
count of  purchasers  by  the  city  of  lands  sold  for  unpai.1 
taxes  and  water  rates,  and  redemption  thereof,  the  extension 
and  repair  of  the  city  water  works,  the  Prospect  Park  and 
other  public  parks,  the  construction  of  the  East  River  bridge 
and  other  public  improvements.  A  pro  rata  proportion  of  all 
the  moneys  collected  by  tax  within  said  city  shall  be  due  to 
the  county  monthly,  and  shall  be  paid  by  the  financial  offi- 
cers of  the  city,  upon  the  requisition  of  the  county  treasurer. 

§  9.  The  special  fund  shall  comprise  all  loans,  assessments 
and  receipts  for  special  local  improvements,  including  interest 
thereon ;  also  all  payments  on  account  thereof,  and  for  the 
redemption  of  such  loans  and  the  interest  thereon.  The  ac- 
counts of  this  fund  shall  also  include  the  receipts  and  disburse- 
ments on  account  of  the  laying  out  and  opening  of  new  streets, 
avenues,  squares  and  places. 

§  10.  The  revenue  fund  shall  comprise  all  the  moneys 
levied,  assessed  and  received  for  the  collectors'  and  assessors' 
fees,  default  and  interest  on  taxes,  and  arrears  thereof,  in- 
terest on  redemptions  of  property  purchased  by  the  city  for 
unpaid  assessments,  taxes  and  water  rates,  costs  and  fees  of 
city  officers,  advertising  fees,  inspectors' fees,  licenses,  fines 
and  penalties,  court  fees  and  fines  of  the  police  and  justices' 
courts,  sales  of  personal  property,  rents  and  proceeds  of  sales 
of  real  estate,  except  as  otherwise  provided  in  this  act,  in- 
terest on  deposits  and  all  revenues  of  the  citj  whatsoever 
from  other  sources  than  taxes,  except  as  herein  otherwise 
provided.  The  revenue  fund  shall  be  kept  inviolate,  except 
for  the  payment  of  judgments  against  the  city  for  which  no 
sufficient  or  other  provision  has  been  made,  charges  (for  ad- 
vertising etcetra)  on  arrears  of  assessments,  taxes  and  water 


Title  rV. 


o7        Department  of  Financ  e 


rates,  fines  by  law  made  payable  to  any  public  institution, 
expenses  and  damages  on  account  of  the  rejection  of  assess- 
ments for  local  improvements,  interest  on  city  loans  not  other- 
wise provided  for,  and  expenses  authorized  to  be  incurred  by 
sections  two  and  six  of  title  eighteen  of  this  act,  and  the 
accounts  of  said  fund  shall  exhibit  the  payments  if  any  made, 
for  each  of  said  purposes,  and  a  rebate  on  all  taxes,  assess- 
ments and  water  rates  as  hereinafter  provided.  The  balance 
remaining  to  the  credit  of  said  fund  on  the  first  day  of  Septem- 
ber, in  any  year,  shall  be  transferred  to  the  general  fund  on 
or  before  the  thirty-first  day  of  December  of  each  year,  and 
such  amount  shall  be  deducted  from  the  amount  otherwise 
necessary  to  be  raised  by  tax  for  city  purposes  for  the  ensu- 
ing fiscal  year.  The  comptroller  shall  have  the  power  to 
transfer  any  portion  of  any  annual  appropriation  which  he 
shall  ascertain,  after  provision  has  been  made  for  the  annual 
use  thereof  by  the  common  council,  to  be  in  excess  of  the 
amount  actually  needed  for  the  purpose  for  which  any  such 
appropriation  shall  have  been  made,  to  the  revenue  fund. 

^11.  The  sinking  fund  shall  comprise  all  moneys  hereto- 
fore or  hereafter  raised  by  tax  or  received  from  other  sources 
for  the  payment  of  the  principal  or  interest  of  city  loans, 
together  with  the  interest  accruing  from  the  investment  of 
such  money  by  the  commissioners  of  the  sinking  fund,  also 
all  payments  made  for  investments,  interest  on  the  city  loans 
and  for  redemptions  of  the  principal  thereof.  The  accounts 
of  this  fund  shall  at  all  times  exhibit  the  description  and 
amounts  of  securities  and  investments  belonging  to  it,  also 
the  amount  of  unemployed  money  on  hand,  and  the  names  of 
the  institutions  in  which  the  same  are  deposited. 

§  12.  The  redemption  fund  shall  comprise  all  moneys  re- 
ceived for  the  redemption  of  real  property  sold  for  assess- 
ments, taxes  and  water  rates  (except  in  cases  where  such 
property  shall  be  purchased  by  the  City  of  Brooklyn),  and 
all  moneys  paid  to  holders  of  certificates  of  sale  issued  by  the 
collector  of  taxes  and  assessments,  or  the  registrar  of  arrears. 
All  redemption  moneys  deposited  in  the  treasury  shall  be 
di-awn  therefrom  only  upon  checks  prepared  and  signed  by 
the  registrar  of  arrears  and  countersigned  by  the  comptroller. 


Department  of  Finance.  55* 


Title  rv. 


§  13.  The  assessment  fund  shall  comprise  all  money's 
raised  by  tax  for  the  purpose  of  making  local  improvements 
lis  hereinafter  provided. 

§  14.  The  faith  of  the  city,  as  constituted  by  this  act,  and 
the  property  belonging  to  it,  are  pledged  to  the  final  payment 
of  all  moneys  heretofore  borrowed  or  raised  by  the  City  of 
Brooklyn,  under  or  by  virtue  of  any  law  of  this  State,  and 
any  sum  of  money  for  which  the  whole  or  any  part  of  the 
City  of  Brooklyn  is  now  liable  shall  be  raised  on  those  parts 
of  the  city  which  were  liable  for  the  same  on  the  passage  of 
this  act. 

§  15.  The  net  surplus  income  from  the  public  water  works 
of  the  city,  after  paying  the  interest  on  all  outstanding  bonds 
issued  for  the  construction  and  extension  of  said  works,  and 
after  discharging  any  other  claims  by  law  chargeable  against 
the  water  revenue,  shall  be  paid  over  to  the  commissioners  of 
the  sinking  fund  at  the  end  of  each  year,  and  such  surplus, 
together  with  the  interest  thereon,  shall  be  approi3riated 
solely  for  and  toward  the  payment  and  redemption  of  the 
water  bonds  of  said  city  :  provided,  however,  whenever  such 
sui'plus  income,  after  the  payment  or  deduction  of  all  ex- 
penses and  charges  of  maintenance  and  distribution,  as  pro- 
vided in  section  five,  title  fifteen  of  this  act,  and  also  the  in- 
terest on  all  outstanding  bonds  issued  for  the  construction 
and  extension  of  said  works,  shall  in  any  year  before  the  year 
eighteen  hundred  and  ninety-six  amount  to  the  sum  of  three 
hundred  thousand  dollars,  the  commissioners  of  the  sinking 
fund,  or  of  the  special  sinking  fund,  denominated  the  water 
sinking  fund,  may,  in  their  discretion.,  appty  any  proportion- 
ate amount  of  said  surplus,  not  exceeding  one-tliird  thereof, 
to  the  reduction  of  the  amount  which  must  be  inserted  in  the 
annual  estimate  and  be  raised  by  taxation  to  meet  the  interest 
on  any  of  the  bonds  or  obligations  of  the  City  of  Brooklj^n  ; 
and  further  provided  if  such  surplus  income,  after  paying 
the  charges  for  maintenance  and  distribution  and  interest,  as 
aforesaid,  shall  in  any  one  year  before  the  year  nineteen  hun- 
dred amount  to  the  sum  of  five  hundred  thousand  dollars, 
the  sinking  fund  commissioners  aforesaid  may,  in  their  dis- 
cretion, ax)ply  any  proportionate  part  of  said  surplus,  not  ex- 


Title  rV. 


59        Department  of  Finance. 


ceeding  one-half  thereof,  to  the  reduction  of  the  amount 
which  must  be  inserted  in  the  annual  estimate  and  raised  by 
taxation  to  meet  the  interest  on  any  of  the  bonds  or  obliga- 
tions of  the  City  of  Brooklyn. 

Chap.  453,  Laws  of  1890. 

COMMISSIONERS  OF  SINKING  FUND. 

§  16.  The  moneys  and  securities  of  the  sinking  fund  shall 
be  under  the  control  and  management  of  three  commissioners^ 
consisting  of  the  mayor,  comptroller  and  auditor,  who  shall 
be  known  as  the  commissioners  of  the  sinking  fund.  The 
comptroller  shall  have  the  custody  of  all  securities,  books  and 
papers  belonging  to  said  commissioners  or  appertaining  to 
said  fund.  All  bonds  and  other  securities  belonging  to  the 
sinking  fund  shall  be  endorsed  by  the  comptroller  as  follows  : 
"  The  property  of  the  sinking  fund  of  the  City  of  Brooklyn, 
transferable  from  said  fund  only  by  written  order  of  the 
mayor,  comptroller  and  auditor,  the  commissioners  of  said 
fund."  Any  transfer,  without  such  order,  of  any  bond  so  en- 
dorsed shall  be  null  and  void. 

§  17.  The  commissioners  of  the  sinking  fund  shall  meet 
once  in  each  month,  or  oftener  if  required,  in  the  office  of  the 
comptroller,  for  the  transaction  of  business  connected  with 
said  fund.  The  comptroller  shall  appoint  one  of  the  clerks 
in  his  office  to  act  as  secretary  for  the  commissioners  of  the 
sinking  fund,  but  such  clerk  shall  receive  no  additional  com- 
pensation for  services  rendered  as  such  secretary.  The 
mayor,  or  in  his  absence,  the  comptroller  shall  preside  at 
such  meeting. 

§  18.  The  said  commissioners  shall,  from  time  to  time, 
invest  the  money  of  said  fund  in  any  stock,  for  the  payment 
of  which  the  faith  of  this  State  or  the  United  States  is  or 
shall  be  pledged,  or  in  any  of  the  bonds  or  securities  issued 
by  said  city  or  the  County  of  Kings,  and  shall  deposit  said 
moneys  with  any  safe  moneyed  corporation  in  this  State,  and 
make  such  contract  with  such  institution  for  the  duration  of 
such  deposits  and  the  interest  thereon  as  they  shall  consider 
for  the  best  interest  of  such  fund,  and  may  also  at  such  times 
and  upon  such  terms  as  they  may  deem  advisable,  pay  any 


Department  of  Finance.  60 


Title  IV. 


part  of  the  moneys  borrowed  or  raised  for  the  final  payment 
of  which  the  faith  and  property  of  the  city  is  pledged  in  pur- 
suance of  law.  And  the  said  commissioners  may,  from  time 
to  time,  in  their  discretion,  cancel  and  destroy  all  or  any 
bonds  or  obligations  of  the  said  City  of  Brooklyn,  in  which 
heretofore  or  hereafter  any  of  the  money  of  said  fund  may 
have  been  or  may  be  invested.  And  it  shall  be  the  duty  of 
the  sinking  fund  commissioners  on  or  before  the  fifteenth 
day  of  May  in  each  year  to  certify  to  the  board  of  estimate 
such  amounts  of  money  as  must,  under  the  law,  be  inserted 
in  the  ensuing  annual  estimate  of  said  board  and  raised  by 
taxation  to  meet  the  annual  interest  upon,  or  the  principal  of, 
any  bonds  or  obligations  issued  by  the  said  City  of  Brooklyn. 
Chap.  453,  Laws  of  1890. 

i>  19.  The  comptroller  shall  keep  the  accounts  of  said  fund, 
and  the  said  commissioners  shall  report  to  the  common 
council,  semi-annually  at  its  first  meeting  in  January  and 
July,  a  particular  account  of  the  condition  of  said  fund,  speci- 
fying the  receipts  and  payments  since  the  last  rejDort,  the 
amount  and  description  of  stocks  and  securities  held  by  them, 
with  the  interest  they  bear,  the  institution  holding  deposits, 
amount  of  such  deposit  and  the  rate  of  interest  paid  thereon, 
respectively  :  also  the  amount  of  securities  purchased,  if  any, 
and  the  rate  paid  therefor. 

§  20.  He  shall  charge  to  the  registrar  of  arrears  the  amount 
of  all  arrears  of  taxes,  assessments  and  water  rates,  trans- 
mitted to  him  for  collection,  with  all  sums  properly  charge- 
able by  said  registi'ar  for  default  interest,  fees,  charges  and 
expenses,  and  all  amounts  received  for  redemption  of  property 
sold  for  unpaid  taxes,  assessments  and  water  rates,  and  shall 
credit  his  account  with  all  payments  made  to  the  treasurer 
on  account  thereof,  and  with  all  duly  authorized  deductions 
and  cancellations. 

§  21.  He  shall  charge  to  the  collector  of  taxes  and  assess- 
ments the  amounts  named  in  the  rolls  and  lists  annexed  to 
all  warrants  delivered  to  him  for  collection,  with  all  the  sums 
properly  chargeable  by  said  collector  for  default  and  interest, 
and  shall  credit  him  with  all  payments  made  by  him  to  the 
treasurer  on  account  thereof,  and  with  all  duly  authorized 


Title  IV. 


61        Department  of  Finance. 


deductions,  discounts  and  cancellations,  and  with  all  uncol- 
lected taxes  and  assessments  which  shall  have  been  duly 
transmitted  to  the  registrar  of  arrears. 

§  22.  He  shall  countersign  all  checks  on  the  treasurer 
drawn  by  the  registrar  of  arrears  for  the  redemption  moneys 
upon  the  production  and  cancellation  of  the  certificate  of  sale 
or  lease  of  the  property  redeemed. 

§  23.  All  contracts  for  local  improvements  shall  state,  as 
near  as  may  be,  the  total  amount  thereof ;  and  the  comp- 
troller shall  keep  a  correct  account  of  all  liabilities  incurred 
under  contracts  with  the  amounts  paid  on  account  of  the 
same,  and  render  statements  thereof  as  often  as  may  be 
required  by  the  common  council.  No  contract  for  any  local 
improvement,  except  for  sewers,  shall  be  awarded  or  entered- 
into  unless  an  estimate  of  the  amount  to  be  expended  under 
the  same  shall  have  been  first  prepared  by  the  commissioner 
of  city  works  and  submitted  to  the  common  council.  The 
amount  of  liabilities  incurred  under  contracts  for  local  im- 
provements shall  not  exceed  at  any  time  the  amount  which, 
by  law,  may  be  borrowed  by  the  city  to  pay  for  such  improve- 
ments. Any  officer  signing  or  executing  any  bond,  obligation 
or  contract,  in  contravention  of  the  provisions  of  this  title, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof,  be  liable  to  imprisonment  for  not  less  than  one  year, 
and  to  a  fine  of  not  less  than  one  thousand  dollars  for  each 
offense.  The  term  local  improvements,  wherever  it  appears 
in  this  act,  shall  be  construed  and  is  hereby  declared  to  em- 
brace the  grading,  re-grading,  paving,  re-paving  and  curbing 
of  streets,  the  laying  of  cross-walks  and  flagging,  setting  Of 
lamps  and  posts,  fencing,  digging  down  and  filling  in  of  lot^ 
and  the  building  of  any  draw  bridge  to  connect  one  part  of 
a  street  with  another,  and  any  other  work  for  which  an  assess- 
ment for  benefit  may  be  laid. 

§  24.  Before  the  making  of  any  contract  for  flagging  or 
re-flagging  sidewalks,  fencing  of  vacant  lots,  digging  down^ 
draining  or  filling  up  of  lots  or  parcels  of  land,  the  comptroller 
shall  certify  that  there  is  sufficient  money  in  said  assessment 
fund  applicable  thereto  ;  and  upon  the  making  of  such  con- 
tract, the  said  comptroller  shall  appropriate  and  set  apart  sa 


Department  of  Finance.  62 


Title  IV. 


much  of  the  said  assessment  fund  provided  for  in  the  thii'- 
teenth  section  of  this  title  as  shall  be  necessary  to  pay  the 
cost  of  said  improvement,  and  the  same  shall  be  used  for  that 
purpose. 

§  25.  Whenever  the  city  shall  by  law  be  authorized  to  bor- 
rov^  monej'  on  bonds  or  other  obligations  for  any  specific 
purpose,  the  money  so  borrowed  shall  be  applied  only  to  such 
purpose :  provided,  however,  that  any  premium  realized  upon 
the  sale  of  said  bonds  or  obligations  may,  in  the  discretion  of 
the  sinking  fund  commissioners,  be  applied  to  reduce  the  in- 
terest charges  upon  the  bonds  or  obligations  from  whose  sale 
they  may  have  been  obtained  and  received,  or  toward  the  ex- 
tinguishment of  the  issue  from  whose  sale  such  premium  may 
have  been  obtained  or  received.  And  any  surplus  remaining 
after  accomplishing  such  purpose  for  which  the  money  was 
borrowed  shall  be  paid  into  the  sinking  fund  for  the  redemp- 
tion of  such  bonds  or  obligations ;  and  it  shall  not  be  lawful 
for  the  common  council  of  the  said  city  to  borrow  any  money 
except  under  special  provision  of  law,  or  as  provided  in  this 
act,  or  to  enter  into  any  contract  by  which  they  may  be  com- 
pelled to  pay  money,  except  for  the  purposes  for  which  they 
are  or  may  be  authorized  to  raise  mone}'  by  tax,  and  then 
only  to  an  amount  not  exceeding  the  sum  they  are  authorized 
by  law  to  raise  by  tax  during  the  municipal  year  for  the  pur- 
pose for  which  such  money  may  be  borrowed  or  contract  en- 
tered into ;  it  shall  be  the  duty  of  the  said  common  council 
to  pay  all  moneys  so  borrowed,  with  interest  accruing  thereon, 
and  to  discharge  all  such  contracts  out  of  the  money  raised 
by  tax  diuring  the  same  municipal  year  for  which  the  money 
is  borrowed  or  contract  entered  into,  except  as  otherwise  by 
this  act  provided. 

Chap.  453,  Laws  of  1890. 

§  26.  All  contracts  or  copies  thereof,  made  by  the  city 
with  individuals  or  corporations  shall  be  filed  in  the  office  of 
the  comptroller.  He  shall  have  charge  of,  collect  and  pay 
over  to  the  treasurer,  all  rents  due  or  to  become  due  to  the 
city  from  any  property  the  custody  and  care  of  which  is  not 
by  this  act  or  other  laws  committed  to  some  other  depart- 
ment or  officer. 


Title  IV. 


63        Department  of  Finance. 


§  27.  It  shall  be  the  duty  of  the  comptroller  to  furnish  to 
the  treasurer  statements  of  all  the  appropriations  made  by 
the  common  council,  before  any  warrants  shall  be  drawn  on 
account  of  the  same ;  he  shall  notify  the  mayor,  in  case  of 
any  neglect  or  failure  on  the  part  of  any  officer  or  officers 
authorized  to  collect  any  moneys  for,  or  on  account  of  the 
city,  to  deposit  their  collections  in  the  treasury,  and  there- 
upon the  mayor  shall  suspend  such  officer  or  officers,  and 
proceed  against  them  as  herein  prescribed  in  cases  of  mis- 
feasance or  non-feasance  in  office. 

§  28.  It  shall  be  the  duty  of  the  comptroller,  auditor  and 
chairman  of  the  finance  committee  of  the  common  council  to 
examine  annually  the  accounts  of  the  collector  of  taxes  and 
assessments,  registrai  of  arrears,  registrar  of  water  rates  and 
the  treasurer,  and  to  present  to  the  common  council,  at  its 
first  meeting,  after  the  first  day  of  January  in  each  year,  the 
result  in  writing  of  such  examination ;  and  it  shall  be  the 
duty  of  the  auditor  and  the  chairman  of  the  finance  com- 
mittee of  the  common  council  to  examine  annually  the  ac- 
counts of  the  comptroller,  and  to  report  thereon  in  like 
manner.  The  common  council  or  the  financial  committee 
thereof  may,  at  any  time,  older  a  further  examination  of 
such  accounts. 

§  29.  It  shall  be  the  further  duty  of  the  comptroller  from 
time  to  time  to  communicate  to  the  common  council  plans 
and  suggestions  for  the  increase  of  the  revenues,  for  promot- 
ing economy  in  the  public  expenses,  and  generally  for  im- 
proving the  administration  of  the  finances  of  the  corporation. 

§  30.  It  shall  be  the  duty  of  the  comptroller  to  pay  to  the 
treasurer  of  Kings  County  on  or  before  the  first  day  of  Jan- 
uary, February,  March,  April,  May  and  June  of  each  year 
the  pro  rata  share  of  the  taxes  annually  raised  by  the  City  of 
Brooklyn  for  State  and  county  purposes  as  now  provided  by 
law,  and  on  or  before  the  first  day  of  July  of  each  year  the 
said  comptroller  of  the  City  of  Brooklyn  shall  pay  to  the 
said  treasurer* of  Kings  County  the  full  amount  of  the  bal- 
ance of  all  taxes  raised  by  the  City  of  Brooklyn  for  State  and 
county  purposes  for  the  current  fiscal  year.  Nothing  herein 
contained  shall  change  the  time  for  the  payment  of  the 


Department  of  Finance.  64 


Title  IV. 


Kings  County  State  tax  into  the  State  treasury.  For  the 
purpose  of  carrying  out  the  provisions  of  this  section,  the 
comptroller  of  the  City  of  Brooklyn  is  authorized  and  em- 
powered at  any  time  when  the  funds  in  his  hands  are  not 
sufficient  to  make  the  final  payment  in  July  as  heretofore 
provided,  to  issue  certificates  of  indebtedness  of  the  City  of 
Brooklyn  in  amount  sufficient  to  meet  the  requirements  of 
this  section. 


TITLE  V. 

DEPAKTMENT   OF  AUDIT. 

Section  1.  There  shall  be  an  auditor,  who  shall  be  elected 
at  the  general  election  to  be  held  in  the  year  one  thousand 
•eight  hundred  and  eighty-eight,  and  every  two  years  there- 
after, whose  term  of  office  shall  commence  on  the  first  day  of 
January  next  succeeding  his  election,  and  he  shall  be  the 
head  of  the  department  of  audit,  and  shall  receive  an  annual 
salary  of  three  thousand  five  hundred  dollars.  It  shall  be  his 
^uty  to  examine  all  bills  presented  against  the  city  for  pay- 
ment. No  claim  against  the  city,  including  claims  for  local 
improvements,  shall  be  paid  unless  he  shall  certify  that  the 
services  have  been  rendered  or  the  materials  fm-nished  for 
which  such  bills  may  be  presented,  and  that  the  charges  are 
just  and  reasonable,  or  according  to  contract. 

§  2.  All  moneys  drawn  from  the  treasury  shall  be  upon 
vouchers  for  the  expenditure  thereof,  examined  and  allowed 
hy  the  auditor,  and  also  approved  by  the  comptroller,  in 
•whose  office  all  such  vouchers  shall  be  filed. 

§  3.  No  bill  or  claim  shall  be  audited  unless  the  same  be 
inad(;  out  in  items ;  certified  by  the  head  of  the  department 
or  officer  having  cognizance  of  the  subject  of  such  claim. 

§  4.  He  shall  also  have  the  right  to  require  from  the  different 
officers  all  the  information  which  they  possess,  and  to  inspect 
any  book,  contract,  resolution  or  other  paper  or  document  in 
their  respective  departments  or  offices,  and  it  is  hereby  made 
the  duty  of  all  such  departments  and  officers  to  furnish  and 
|)ermit  the  same  when  so  required  by  him. 

§  5.  He  shall  also  have  the  right  to  examine  any  person 
presenting  claims  for  settlement  or  other  witnesses  concern- 
ing any  such  claim  and  to  administer  an  oath  to  any  such 
•claimant  or  witness. 

§  6.  It  shall  be  the  duty  of  the  auditor  to  report  to  the 
•common  council,  weekly,  the  name  of  every  person  in  whose 
favor  an  account  has  been  presented  during  the  preceding 
'week,  with  the  decision  of  the  auditor  upon  the  same,  and 
his  final  action  thereon. 


TITLE  VI 


OF  THE  TREASURY  DEPARTMENT. 
Section  1.  The  head  of  the  treasury  department  shall  be 
called  the  treasurer.  He  shall  be  appointed  by  the  mayor, 
as  hereinbefore  provided.  His  term  of  office  shall  be  two 
years,  and  shall  commence  on  the  first  day  of  February  next 
succeeding  his  appointment.  He  shall  receive  an  annual 
salary  of  four  thousand  dollars.  The  treasurer  shall  receive 
and  deposit  daily  all  moneys  belonging  to  the  city  in  such 
banks  and  trust  companies,  to  the  credit  of  the  city,  upon 
such  terms  and  in  such  amounts  as  the  commissioners  of  the 
sinking  fund  may  direct,  or  as  he,  in  default  thereof,  may 
determine.  The  amount  so  deposited  shall  be,  as  near  a» 
may  be,  in  proportion  to  the  capital  of  the  several  banks  and 
trust  companies  in  which  such  deposits  shall  be  made,  and 
all  interest  that  may  accrue  on  all  money  so  deposited  shall 
be  collected  by  and  be  credited  to  the  city  quarterly,  and  a 
detailed  account  thereof  furnished  to  the  comptroller.  He 
shall  keep  an  accurate  account  of  all  receipts  and  payments, 
and  make  weekly  returns  thereof  in  such  manner  as  the 
comptroller  may  direct.  It  shall  be  the  duty  of  the  heads  of 
the  several  departments,  all  justices  of  the  peace,  police  jus- 
tices and  all  other  officers  of  the  city,  to  pay  him  all  moneys 
by  them  received  belonging  to  the  city,  at  the  times  and  in 
the  manner  provided  in  this  act,  or  in  cases  not  so  provided 
for,  as  may  be  directed  by  the  common  council,  or  in  defaiilt 
thereof,  by  the  comptroller,  and  to  account  thereof  under 
oath,  with  items,  to  the  comptroller.  No  moneys  shall  be 
drawn  from  the  treasury  except  in  pursuance  of  an  appropri- 
ation by  the  common  council  or  under  the  provisions  of  exist- 
ing laws,  and  upon  warrants  signed  by  the  mayor  or  acting 
mayor,  and  by  the  comptroller  or  his  deputy,  and  counter- 
signed by  the  city  clerk,  or,  in  his  absence,  by  his  assistant. 
Such  warrants  shall  specify  for  what  purpose  the  amount 
therein  mentioned  is  to  be  paid,  the  appropriation  or  account 
on  which  it  is  drawn,  and  the  date  of  the  law  or  resolution 


Treasury  Department.  68 


Title  VI. 


authorizing  the  same,  and  the  said  clerk  shall  keep  an  ac- 
curate account  of  all  orders  directing  moneys  to  be  paid,  in 
a  book  to  be  provided  for  that  purpose,  provided  that  redemp- 
tion moneys  may  be  drawn  out  of  the  treasury  by  checks 
signed  by  the  registrar  of  arrears  and  countersigned  by  the 
comptroller. 

§  2.  It  shall  be  the  duty  of  the  treasurer  to  keep  books 
showing  at  all  times  the  condition  of  the  several  appropria- 
tions, and  such  other  particulais  as  may  be  directed  by  the 
comptroller ;  but  no  warrant  shall  be  paid  on  account  of  any 
appropriation,  or  be  charged  to  any  account,  unless  there  is 
a  balance  equal  to  the  amount  of  such  warrant  standing  to 
the  credit  of  the  proper  accouut  and  applicable  to  such  war- 
rant ;  provided  that  if  the  comptroller  shall  deem  it  advisable 
to  effect  a  sale  of  bonds  at  any  particular  time  he  may,  with 
the  consent  of  the  mayor,  overdraw  any  of  the  accounts  which 
are  made  up  from  the  moneys  received  for  the  sale  of  bonds, 
but  such  overdrafts  shall  in  no  case  exceed  the  amount  for 
which  bonds  may  be  issued  by  the  city  under  existing  laws 
on  the  particular  account  so  overdrawn;  and  it  shall  be  the 
duty  of  the  financial  officers  of  the  city  to  issue  and  sell  such 
bonds  when  the  moiie}'  shall  be  needed  by  the  city. 

<J  3.  The  treasurer  shall  give  receipts  in  duplicate,  in  such 
form  as  shall  be  prescribed  and  approved  by  the  comptroller, 
for  the  moneys  paid  to  him  for  taxes,  assessments,  loans  or 
other  purposes,  which  receipts  shall  specify  what  the  amounts 
are  for,  and  the  accounts  credited  by  him  therewith,  and  all 
such  receipts  or  duplicates  thereof  shall  forthwith  be  filed 
with  the  comptroller  by  the  person  pajiog  such  money. 


TITLE  Vll. 

DEPARTMENT  OF  COLLECTION. 

Section  1.  The  head  of  the  department  of  collection  shall 
be  the  collector  of  taxes  and  assessments,  who  shall  be  ap- 
pointed by  the  mayor  as  hereinbefore  provided.  His  term  of 
office  shall  be  for  two  years  and  shall  commence  on  the  first 
day  of  February  next  succeeding  his  appointment.  He  shall 
receive  an  annual  salary  of  five  thousand  dollars.  He  shall 
collect  and  receive  all  moneys  that  may  be  or  may  become 
due  under  any  warrant  delivered  to  him  for  the  collection  of 
taxes  and  assessments,  which  moneys  he  shall  pay  to  the 
treasurer  of  the  city  on  the  same  day  on  which  he  receives 
them.  He  shall  render  an  account  thereof  to  the  comptroller 
in  detail,  who  shall  compare  the  amount  received  with  the 
respective  items  on  the  tax  and  assessment  list  in  his  office, 
and  note  all  payments  on  the  margin  opposite  such  items, 
with  the  date  of  such  payments.  The  amounts  included  in 
all  warrants  for  the  collection  of  taxes  and  assessments  de- 
livered to  the  tax  collector,  together  with  all  default  and  in- 
terest, shall"  be  credited  by  him  on  the  books  in  his  office  to 
the  city ;  and  the  amounts  paid  by  him  to  the  treasurer  on 
account  thereof,  with  all  rebates,  reductions  and  cancellations 
shall  be  charged  by  him  to  the  city  together  with  all  items 
of  uncollected  taxes  and  assessments  transmitted  by  him  to 
the  registrar  of  arrears. 

§  2.  The  said  collector  shall  have  the  same  powers  as  the 
collectors  in  the  several  towns  of  this  State,  not  inconsistent 
with  this  act.  It  shall  not  be  necessary  for  the  collector  to 
call  personally  or  by  dejDuty  upon  the  persons  named  in  the 
annual  tax- rolls  and  demand  the  taxes,  in  case  where  such 
taxes  are  for  real  estate,  nor  shall  it  be  necessary  for  him  to 
levy  any  such  tax  upon  real  estate,  by  distress  and  sale  of  the 
goods  and  chattels  of  the  person  who  ought  to  pay  the  same  ; 
but  he  shall,  upon  receiving  such  annual  tax-rolls,  cause  a 
notice  to  be  published  for  thirty  days  in  the  corporation  news- 
papers of  the  said  city  that  the  said  tax-rolls  have  been  com 


Department  of  Collection.  70 


Title  Vn. 


pleted  and  the  warrant  for  the  collection  of  the  taxes  de- 
livered to  him,  and  that  all  persons  are  requii-ed  to  pay  their 
taxes  at  his  office  without  delay  under  the  penalties  of  the 
law.  He  shall  annex  to  such  notice  and  publish  therewith  a 
copy  of  the  tenth  section  of  this  title.  He  shall  publish  a 
hke  notice  immediately  after  the  warrant  for  the  collection  of 
any  assessment  shall  have  been  deHvered  to  him .  He  shall 
also,  within  twenty  days  after  said  assessment  list  and  war- 
rant shall  be  delivered  to  him,  cause  bills  of  the  several 
amounts  therein  assessed  to  be  served  pej-sonally  or  left  at 
the  places  of  residence  of  the  persons  charji^ed  with  or  liable 
to  pay  such  assessments,  if  residents  of  the  city,  and  if  not 
msidents  he  shall  cause  bills  to  be  sent  to  such  pei-sons  by 
mail,  addressed  to  tbeir  reputed  places  of  residence. 

J?  3.  If  any  person  who  shall  have  become  surety  for  the 
collector  shall,  by  notice  in  writing,  to  be  served  on  the 
mayor  or  city  clerk,  require  the  said  collector  to  renew  his 
official  bond,  such  person  shall  be  discharged  from  all  future 
liability  as  such  surety  from  and  after  the  settlement  of  the 
accounts  of  the  collector  for  moneys  received  prior  to  such 
discharge,  who  shall  be  required  to  make  such  statement 
^vithin  thirty  days  after  notice  from  the  common  council  to 
that  effect. 

^  4.  There  shall  be  added  to  and  included  in  every  tax  and 
assessment  levied  and  assessed  in  the  City  of  Brooklyn,  the 
sum  of  two  percent.  u|K>n  the  amount  of  such  tax  and  assess- 
ment for  the  expense  of  collection,  which  together  with  the 
amount  to  be  added  for  neglect  to  pay  within  the  time  speci- 
tied  in  the  waiTants  of  the  collector,  as  hereinafter  provided, 
shall  be  for  the  use  of  said  city. 

5.  If  an}'  collector  or  deputy  collector  shall  convert  to  his 
own  use  in  any  way  whatever,  or  shall  use  by  way  of  invest- 
ment in  any  kind  of  property  or  merchandise,  or  shall  loan  in 
any  way,  or  shall  deposit  elsewhere  than  in  the  city  treasury, 
any  portions  of  the  moneys  or  checks  received  or  collected  by 
him  as  such  collector  or  deputy  collector,  every  such  act  shall 
be  deemed  and  adjudged  to  be  an  embezzlement  of  so  much 
of  said  moneys  or  checks  as  shall  be  thas  taken,  invested, 
used  or  loaned  or  deixDsited  and  is  hereby  declared  to  be  a 


Title  VII. 


71      Department  of  CoUectino. 


felony  punishable  by  iiTiprisonment  in  a  State  prison  for  a 
term  not  exceeding  five  years.  If  such  collector  shall  retain 
in  his  possession  for  more  than  one  business  day  any  moneys 
received  by  him,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  pay  a  fine  of  five  hundred 
dollars  for  every  business  day  during  which  such  moneys  are 
retained  by  him. 

§  6.  The  supervisors  of  the  County  of  Kings  shall  cause 
the  corrected  assessment  rolls  of  the  several  wards,  or  fair 
copies  thereof,  with  warrants  for  collection,  to  be  delivered 
to  the  collector  on  or  before  the  fifteenth  day  of  November  in 
«ach  year,  and  shall  also  deliver  to  the  comptroller  a  copy  of 
such  rolls  :  and  the  common  council  shall  cause  every  assess- 
ment roll  made  for  any  improvement  in  said  city,  or  a  fair 
copy  thereof,  with  a  warrant  for  collection,  to  be  delivered  to 
said  collector  within  ten  days  after  the  same  shall  be  finally 
confirmed,  and  also  deliver  to  the  comptroller  a  copy  of  such 
roll.  But  no  warrant  for  the  collection  of  any  assessment 
shall  be  issued  by  the  common  council  until  all  the  proceed- 
ings had  in  laying  said  assessment  shall  have  been  examined 
and  certified  as  correct  by  the  commissioner  of  city  works  and 
the  corporation  counsel,  which  certificate  shall  be  endorsed 
upon  or  annexed  to  the  assessment  roll,  and  shall  be  presump- 
tive evidence  of  the  regularity  of  the  proceedings.  The  col- 
lection of  taxes  shall  be  commenced  on  the  first  day  of 
December  in  each  year. 

§  7.  The  collector  of  taxes  and  assessments  is  hereby 
directed  to  prepare  an  abstract  of  each  of  the  assessments  for 
local  improvements,  the  amount  of  which  is  directed  by  law 
to  be  included  in  or  collected  with  the  general  taxes,  showing 
first  the  amount  of  the  respective  assessments  upon  each  par- 
cel of  land  assessed,  less  any  amount  paid  thereon ;  secondly, 
the  installments  which  are  to  be  collected  in  each  year  upon 
each  lot,  with  interest  added  in  those  cases  in  which  the  in- 
terest is  to  be  collected,  and  he  shall  furnish  to  the  comp- 
troller a  duplicate  of  such  abstract. 

§  8.  The  collector  of  taxes  and  assessments  aforesaid  is  au- 
thorized to  receive  the  total  amount  of  said  assessment  upon 
any  piece  or  parcel  of  land  at  any  time  before  the  time  fixed 


Department  of  Collection.      72  Title  Vn. 

for  the  complete  payment  thereof,  with  interest  thereon  to 
the  time  of  payment,  and  any  defaults  accrued  thereon,  and 
upon  such  payment  shall  cancel  such  assessment  upon  the 
piece  or  parcel  of  land  the  assessment  upon  which  is  so  paid. 

§  9.  All  warrants  for  the  collection  of  taxes  and  assessments, 
in  addition  to  any  other  signatures  required  by  law,  shall  be 
signed  by  the  mayor  and  comptroller,  and  all  warrants  for 
the  collection  of  assessments  shall  be  under  the  corporate 
seal  of  the  city,  attested  by  the  clerk  :  and  all  warrants  for 
the  collection  of  taxes  and  assessments  shall  require  the  col- 
lector to  collect,  within  one  year  from  the  date  thereof,  from 
the  several  pei'sons  named  in  the  roll  and  lists  annexed 
thereto,  the  several  sums  mentioned  in  the  last  columns  of 
such  roll  opix)site  Uj  their  respective  names,  and  to  pay  the 
same  to  the  treasurer,  as  hereinbefore  provided,  and  to  render 
detailed  accounts  thereof  to  the  comptroller ;  and  these  war- 
rants shall  not  be  renewed  except  in  cases  where  the  collec- 
tion has  been  stayed  by  any  legal  proceedings,  and  in  such 
cases  the  common  council  shall  have  power,  after  the  cessa- 
tion of  such  stay,  to  cause  new  warrants  to  be  issued  to  the 
collector  for  the  full  terai  of  one  year,  as  if  no  previous  war- 
rant had  been  issued.  This  provision  shall  apply  to  all  cases 
where  the  collection  has  been  or  hereafter  may  be  stayed  by 
any  legal  process  or  proceedings.  The  warrant  shall  also 
require  the  coP.ector,  upon  the  expiration  of  one  year  from 
the  date  thereof,  to  make  a  return  of  all  uncollected  items  to 
the  registrar  of  arrears. 

<f  10.  On  all  taxes  and  assessments  which  shall  be  paid  to 
the  collector  before  the  expiration  of  one  month  from  the  time 
the  same  shall  become  due  and  payable,  an  allowance  shall 
be  made  to  the  person  or  persons  making  such  payments,  at 
the  rate  of  seven  and  three-tenths  per  centum  per  annum 
for  the  unexpired  portion  thereof,  and  the  amount  of  such 
allowance  shall  be  credited  to  the  account  of  the  collector  and 
charged  to  the  account  of  the  revenue  fund.  On  all  taxes, 
assessments  and  water  rates  paid  after  the  expiration  of  one 
month  trom  the  time  the  same  shall  have  become  due  and 
payable,  there  shall  be  added  to  and  collected  as  part  of 
every  such  tax,  assessment  or  water  rate,  interest  at  the  rate 


Title  VII. 


73     Department  of  Collection. 


of  nine  per  centum  per  annum,  to  be  computed  from  the 
time  the  same  became  due  and  payable  to  the  date  of  said 
payment. 

§  11.  On  every  bill  rendered  for  taxes  by  the  collector  of 
taxes  and  assessments  there  shall  be  ruled  a  column  headed 
"  notices,"  and  a  further  column  headed  *'  assessments  due," 
in  which  the  said  collector  shall  cause  to  be  written  opposite 
the  ward  number  of  the  lots,  the  word  "  arrears  "  or  "  sold  " 
or  "  assessments  due,"  according  to  the  entries  in  the  assess- 
ment rolls  headed  "  notices  "  or  "  assessments  due."  And  it 
shall  be  the  duty  of  the  said  collector  of  taxes  and  assess- 
ments immediately  upon  the  delivery  to  him  of  the  annual 
assessment  rolls  in  each  yea.v  to  cause  to  be  entered  opposite 
the  ward  numbers  of  the  lots  in  the  column  headed  "  assess- 
ments due  "  in  said  rolls  the  title  of  any  assessment  then  due 
and  collectable  in  his  department,  or  which  may  be  delivered 
to  him  for  collection  during  that  current  year,  and  when  any 
one  of  these  assessments  shall  be  transmitted  to  the.  registrar 
of  arrears  pursuant  to  section  nine  of  this  title,  the  collector 
of  taxes  and  assessments  shall  cause  to  be  stamped  over  the 
entry  of  such  assessment  in  said  column  in  the  annual  assess- 
ment  rolls,  the  word  "  arrears,"  and  the  collector  of  taxes 
and  assessments  shall,  upon  delivery  to  him  of  the  annual 
assessment  rolls,  immediately  deliver  the  same  to  the  regis- 
trar of  arrears,  whose  duty  it  shall  be  to  cause  to  be 
stamped  in  the  column  he*ided  "  notices  "  in  said 
rolls  the  word  "  arrears "  opposite  the  ward  number  of 
the  respective  lots  which  appeal'  upon  the  list  for  the  unpaid 
tax  of  the  immediately  preceding  year,  which  shall  have  been 
retm-ned  to  said  registrar  as  required  by  section  fourteen  of 
ibis  title,  and  the  collector  shall  cause  the  same  to  be  noted 
on  every  bill  for  taxes  rendered  by  him  in  like  manner  as 
when  assessments  are  due.  And  at  the  foot  of  every  such 
bill  there  shall  be  printed  the  following  words  :  *^  The  entries 
in  the  column  headed  *  assessments  due '  indicate  that  a  lot 
or  lots  referred  to  have  assessments  on  them  which  can  be 
paid  in  the  office  of  the  collector  of  taxes  and  assess- 
ments, and  the  entries  in  the  column  headed  *  notices  * 
indicate  that  the  lot  or  lots  referred  to  have  been  sold 


Department  of  Collection.  74 


Title  VII. 


for  arrears  or  are  to  be  sold  there 'or ;  the  arrears  to 
be  paid  and  the  lot  or  lots  redeemed  from  sale  at  the 
office  of  the  registrar  of  arrears."  Any  omission  in  any  tax 
bill  of  such  entry  in  the  column  "  notices  "  or  "  assessments 
due  "  of  the  word  arrears  or  "  sold  "  or  "  assessments  due," 
as  above  required,  shall  have  no  other  effect  than  to  postpone 
the  time  of  sale  of  the  property  represented  by  the  ward 
number  opposite  which  the  entry  shall  have  been  omitted  in 
case  of  arrears,  for  the  further  term  of  one  year,  and  in  case 
the  property  has  been  sold,  to  cancel  the  sale  without  preju- 
dice to  the  city's  claim  :  but  no  such  bill  shall  be  considered 
evidence  of  such  omission  unless  actually  paid  and  duly  re- 
ceipted, and  upon  any  apjilication,  case  or  hearing  arising 
upon  an  alleged  omission  of  any  such  entry,  the  burden  of 
proof  shall  be  deemed  to  be  upon  the  owner.  Property,  the 
sale  of  which  has  thus  been  cancelled,  shall  not  be  offered  for 
sale  again  within  one  year  from  the  date  of  cancellation. 
Chap.  368,  Laws  of  1889. 

?  12.  If  any  of  the  taxes  mentioned  in  the  rolls  annexed  to 
the  warrants  shall  renrain  unpaid  at  the  expiration  of  one 
year  from  the  time  said  warrants  shall  be  delivered  to  the  col- 
lector, and  he  shall  not  be  able  to  collect  the  same,  he  shall 
deliver  to  the  comptroller  an  account  of  the  taxes  so  remain- 
ing due,  with  an  affidavit  that  the  same  is  a  true  account  of 
the  taxes  remaining  unpaid,  and  that  he  has  not  been  able, 
upon  a  diligent  inc^uiry,  to  discover  any  goods  and  chattels 
belonging  to  or  in  possession  of  the  persons  charged  in  said 
rolls  for  personal  taxes,  whereon  to  levy  the  amount  of 
such  personal  taxes,  he  shall  be  credited  by  the  comptroller 
with  the  amount  thereof,  and  if  any  of  the  aesessments  men 
tioned  in  the  assessment  rolls  annexed  to  the  warrant  for  the 
collection  of  assessments  for  benefits  shall  remain  unpaid  at 
the  expiration  of  one  year  from  the  time  said  warrant  shall 
have  been  delivered  to  the  collector,  and  he  shall  not  be  able 
to  collect  the  same,  he  shall  deliver  to  the  comptroller  an 
account  of  the  assessments  so  remaining  due,  with  an  affl 
davit,  as  hereinafter  mentioned. 

§  13.  Upon  affidavit  being  made  before  the  comptroller,  or 
before' fny  other  person  authorized  to  adminster  oaths  in  the 


Title  VII. 


75     Department  of  Collection. 


County  of  Kings,  by  the  collector  to  whom  any  warrant  for 
the  collection  of  any  assessments  shall  be  delivered,  as  afore- 
said, or  his  deput}',  that  the  sums  mentioned  in  any  such  ac- 
count of  assessments  rendered  to  the  comptroller  by  him 
remain  unpaid,  and  that  he  has  not  been  able  to  collect  the 
same,  and  that  within  twenty  days  after  the  warrant  for  the 
collection  of  the  same  had  been  placed  in  his  hands  he  caused 
a  bill  to  be  served  personally  on  or  left  at  the  place  of  resi- 
dence of  the  person  or  persons  charged  with  or  liable  to  pay 
such  assessment,  if  a  resident  of  the  city :  if  not  a  resident  of 
the  city,  that  he  Jiad  deposited  such  bill  in  one  of  the  post- 
offices  in  said  cit}',  addressed  to  the  person  or  persons  as- 
sessed, at  his,  her  or  their  last  reputed  place  of  residence, 
which  bill  contained  the  name  or  title  of  the  improvement, 
the  name  of  such  person,  the  amount  due  from  such  person, 
and  the  time  when  the  warrant  would  expire ;  such  collector 
shall  be  credited  hy  the  comptroller  with  the  amount  of  said 
account. 

§  14.  It  shall  be  the  duty  of  the  collector  of  taxes  and  as- 
ressments  to  make  a  return  to  the  registrar  of  arrears,  on  the 
expiration  of  one  year  from  the  date  of  his  waiTant  in  each 
year,  of  all  items  of  taxes  levied  in  the  previous  year  remain- 
ing unpaid ;  and  he  shall,  at  the  same  time,  notify  the  comp- 
troller, in  writing,  of  the  aggregate  amount  of  said  arrears  so 
returned  and  due  from  each  ward,  and  thereupon  extend  the 
said  items  in  the  tax  rolls  into  the  column  headed  "  arrears,'' 
and  balance  on  his  books  the  accounts  of  the  taxes  of  that 
year.  After  such  return  of  arrears  shall  have  been  made  to 
the  registrar  of  arrears,  no  payment  shall  be  received  on  ac- 
count thereof  by  the  collector  of  taxes  and  assessments :  but 
he  may,  nevertheless,  and  it  shall  be  his  duty  to  certify  to  the 
registrar  of  arrears  any  omissions  or  overcharges  which  may 
have  been  made  in  any  such  return  to  him,  which  shall,  upon 
such  certificate,  be  duly  added  or  cancelled  by  said  registrar ; 
provided,  however,  that  no  such  amount  shall  be  cancelled  or 
remitted  after  the  same  has  been  once  settled. 


TITLE  VIII 


DEPARTMENT  OF  ARREARS. 

Section  1.  The  department  of  arrears  shall  have  the 
management  and  control  of  all  matters  relating  to  advertis- 
ing and  selling  property  for  unpaid  taxes,  assessments  and 
water  rates  and  the  redemption  of  propert}'  sold  therefor. 
The  head  of  the  said  department  shall  be  called  the  registrar 
of  arrears.  He  shall  be  appointed  by  the  mayor,  as  herein- 
before provided,  and  his  term  of  office  shall  be  for  two  years, 
to  commence  on  the  first  day  of  Februaiy  next  succeeding 
Ms  appointment.  He  shall  receive  an  annual  salary  of  five 
thousand  dollars. 

§  2.  In  the  month  of  December  in  each  year  the  registrar 
of  arreai-s  shall  prepaie  a  list  of  the  parcels  of  land  and 
premises  in  said  city  upon  which  any  tax  or  assessment 
theretofore  levied  or  imposed  shall  have  at  any  time  thereto- 
fore been  returned  or  transmitted  to  his  office  and  shall 
remain  unpaid  and  in  arreai-s,  and  said  list  shall  designate  the 
wai-d  in  which  said  lands  are  situated,  the  block  and  lot  num- 
ber by  which  the  same  are  designated  or  known  on  the 
assessment  map  of  mch  ward,  the  street,  avenue  or  road  on 
which  the  same  fronts,  on  which  side  thereof,  and  between 
or  near  what  streets  it  is  situated,  the  name  of  the  person  to 
whom  the  same  was  assessed  or  taxed  on  the  roll  of  the  last 
annual  tax  for  which  the  same  shall  be  in  arrears,  and  the 
aggregate  amount  of  the  arrears  of  taxes  and  assessments  on 
the  same,  exclusive  of  interest  and  default,  with  such  further 
description  of  the  premises  or  of  the  particulars  of  said 
arrearages  as  the  said  registrar  shall  deem  proper,  and  shall 
cause  the  said  list  to  be  printed  in  pamphlet  form  for  distri- 
bution to  such  persons  as  shall  make  application  for  the 
same  at  his  office.  The  said  registrar  of  arrears,  after  the 
preparation  of  such  list  as  aforesaid,  shall  publish  at  least 
once  in  each  week  for  four  weeks  in  each  of  the  corporation 
newspapers  a  notice  that  such  list  has  beeu  prepared  and  may 
be  obtained  at  his  office,  and  that  the  several  parcels  of  land 


Department  of  Arrears.  78 


Title  VIII. 


b}>ecified  in  ^aid  list  will  be  sold  at  public  auction  to  the  high- 
est bidder,  at  a  time  and  place  specified  in  said  notice,  not  lesa 
than  thii  tj  days  after  the  fii-st  publication  thereof,  for  the  pay- 
ment of  the  aggregate  amount  of  all  arrears  of  taxes  and  as- 
sessments thereon,  ^vith  all  default,  interest  and  expenses 
accrued  thereon.  It  shall  not  be  necessaiy  in  said  notice  to 
include  any  particulars  of  the  property  to  be  sold,  and  it 
shall  not  be  in  any  wise  an  objection  to  the  vahdity  of  any 
sale  that  any  person  has  for  any  reason  failed  to  procui*e  a 
copy  of  the  list  aforesaid,  or  that  said  list  incorrectly  states 
or  omits  to  state  the  name  of  the  person  to  whom  any  parcel 
is  assesseu,  the  assessed  valuation  thereof,  or  the  amount 
or  description  of  any  tax  or  assessment  or  any  other  matter 
or  thing  hereinbefore  required  or  authorized  to  be  stated  in 
said  list,  provided  that  tbe  ward,  block  and  lot  numbers  of 
the  said  lands  are  cori'ectly  stated  in  said  list.  It  shall  be 
the  duty  of  said  registrai,  from  and  after  the  first  publica- 
tion of  said  advertisement,  to  deliver  to  any  applicant  at  his 
office,  within  office  hours,  a  written  or  printed  list  of  all  the 
parcels  of  property  intended  to  be  included  in  sai'l  sale,  but 
it  shall  not  be  in  any  wise  an  objection  to  the  validity  of  any 
sale  that  any  person  has  for  any  reason  failed  to  receive  such 
list.  Affidavits  of  the  publication  of  such  notice  of  sale  in 
the  manner  above  provided,  and  of  all  other  notices  required 
by  the  provisions  of  this  title  to  be  pubhshed,  made  by  some 
one  of  the  respective  publishers  of  each  of  said  corporation 
newspapers,  or  by  some  person  in  the  employ  of  such  pub- 
hshers  having  cognizance  of  su?h  publication,  may  l^e  filed  in 
the  office  of  the  said  registrar,  and  shall  thereupon  become 
public  records,  and  shall  be  prima  facie  evidence  in  all  courts 
and  places  of  the  matters  stated  in  such  affidavits.  Any 
omission  of  the  said  registrar  to  make  the  said  list  at  the 
time  above  specified  shall  not  prevent  his  making  the  same 
and  advertising  the  property  for  sale  thereafter,  and  any 
property  omitted  from  any  list  and  sale  which  ought  to  have 
been  included  therein  may  be  included  in  a  subsequent  Ust 
and  sale,  notwithstanding  such  omission. 

?  3.  At  the  time  and  place  specified  in  said  notice  the  said 
registrar  of  arrears  shall  proceed  to  sell  the  said  lands  desig- 


Title  VIII.  79         Department  of  Arrears. 

nated  in  said  list,  upon  which  any  of  such  arrears  of  taxes  or 
assebsments  remain  unpaid,  at  public  auction  to  the  highest 
bidder  in  each  case  for  a  sum  not  less  than  the  aggregate 
amount  of  all  such  arrears  of  taxes  and  assessments  remain- 
ing unpaid  with  all  interest  and  default  accrued  upon  the 
same,  and  the  further  sum  of  five  dollars  on  each  parcel  sold, 
for  the  costs  and  expenses  of  such  sale,  to  be  collected  and 
received  by  the  registrar  of  arrears  for  the  use  of  the  city. 
Said  sales  may  be  adjourned  or  continued  from  time  to  time 
by  the  said  registrar,  but  it  shall  not  be  necessary  to  publish 
any  notice  of  such  adjournment  or  of  the  continuation  of  such 
sale.  The  amount  of  any  tax,  assessment  and  lien  fixed  or 
certified,  or  that  may  be  hereafter  fixed  and  certified,  under 
the  provisions  of  sections  one  and  tw(^  of  chapter  one  hundred 
and  fourteen  of  the  laws  of  eighteen  hundred  and  eighty- 
three,  shall  not  be  included  in  the  amount  of  arrearages  for 
which  any  lands  shall  be  advertised  or  sold  under  the  pre- 
ceding provisions  of  this  title,  nor  shall  any  lands  upon  which 
such  tax,  assessment  and  lien  so  fixed  or  certified  as  aforesaid 
shall  remain  unpaid  or  uncollected  be  sold  under  the  preced- 
ing provisions  of  this  title,  until  the  same  is  paid  or  collected 
by  sale  or  otherwise.  In  cases  where  any  tax,  assessment  or 
water  rate,  levied  or  imposed,  or  attempted  to  be  levied  or 
imposed  on  any  parcel  of  land  or  premises  in  said  city,  exclu- 
sive of  the  twenty-sixth  ward  thereof,  prior  to  the  first  day  of 
July,  eighteen  hundred  and  eighty-two,  remains  unpaid  and 
in  arrears,  the  determination  of  the  board  of  assessors,  made 
pursuant  to  chapter  one  hundred  and  fourteen  of  the  laws  of 
eighteen  hundred  and  eighty -three,  as  to  the  amount  to  be 
charged  and  assessed  upon  and  against  each  parcel  of  land 
aforesaid,  certified  under  the  signatures  of  a  majority  of  the 
board  of  assessors  to  the  registrar  of  arrears  and  to  the  comp- 
troller of  said  city  shall  be  final  and  conclusive  upon  all  per- 
sons owning  or  having  any  interest  in,  or  lien  upon  said 
lands,  and  against  all  persons  whomsoever,  and  the  amount 
so  fixed,  determined  and  certified  by  them  in  each  case,  is 
hereby  declared  to  le  and  made  a  valid  and  binding  tax, 
assessment  and  lien  upon  the  land  so  designated  in  lieu  and 
instead  of  all  outstanding  claims  of  the  City  of  Brooklyn  for 
arrearages  of  taxes,  assessments  or  water  rates  levied  or  con- 


Department  of  Arrears.  so 


Title  VIII. 


firmed,  or  attempted  to  be  levied  or  confirmed,  prior  to  the  said 
first  day  of  July,  eif^hteen  hundred  and  eightj'-two,  and  shall 
be  a  valid  lien  on  said  lands,  having  priority  over  all  other 
liens,  claims  and  demands  whatsoever,  except  taxes,  assess- 
ments and  water  rates  levied  after  said  date,  and  the  proceeds 
thereof,  when  collected,  shall  be  applied  to  the  discharge  of 
any  of  the  obligations  of  the  City  of  Brooklyn  arising  upon 
tax  certificates  and  bonds  and  certificates  issued  on  account 
of  local  improvements,  and  bonds  issued  to  meet  deficiencies 
on  such  bonds  and  certificates,  and  shall  also  be  applied  to  the 
payment  of  the  expenses  of  carrying  out  the  provisions  of  this 
act  when  certified  by  the  head  of  the  deportment  incuning 
such  expense,  and  approved  and  allowed  by  the  mayor.  The 
amount  of  said  tax,  assessment  and  lien  so  fixed  and  certified 
in  respect  of  each  and  eveiy  parcel  included  in  such  certificate 
thereof,  shall  be  due  and  payable  from  and  after  the  delivery 
of  said  certificates  respectively,  and  shall  be  collected  by  said 
registrar,  without  interest,  if  the  same  shall  be  paid  within 
sixty  days  after  the  filing  of  such  certificate  with  him,  and  if 
not  so  paid,  with  interest  from  the  date  of  filing  such  certifi- 
cate, at  the  rate  of  six  per  centum  per  annum  from  the  filing 
of  such  certificate,  and  if  not  paid  within  six  months  from  the 
filing  of  such  certificate,  at  the  rate  of  twelve  per  centum  per 
annum  from  the  fiUng  of  such  certificate.  Toe  registrar  of 
arrears  shall  not  be  required  to  make  any  demand  for  the 
payment  of  said  tax,  assessment  and  lien,  and  if,  after  the 
expiration  of  twelve  months  from  the  filing  of  the  said  certifi- 
cate, the  amount  therein  certified  in  respect  of  any  parcel  of 
land,  shall  not  have  been  collected  or  paid,  the  said  registrar, 
after  giving  notice  by  advertisement,  in  the  same  manner 
hereinbefore  in  this  section  prescribed,  in  respect  to  the  like 
proceeding,  shall  sell  said  parcel  at  public  auction  to  the 
highest  bidder  for  a  sum  not  less  than  the  amount  unpaid, 
and  all  interest  accrued  thereon. 
Chap.  33,  Laws  of  1892. 

§  4.  The  registrar  of  arrears  shall,  on  the  receipt  of  the 
purchase  money  on  any  sale,  as  provided  by  this  title,  deliver 
to  the  purchaser  a  certificate  of  such  sale,  which  shall  contain 
a  covenant  on  the  part  of  the  City  of  Brooklyn  to  refund  the 


Title  VIII.  81        Department  of  Arrears. 

amount  paid  for  said  lands,  with  interest  at  the  rate  of  four 
per  centum  per  aunum  from  the  date  of  sale,  and  all  sums 
paid  b}'  him  for  taxes,  assessments  and  water  rates  as  herein- 
after authorized,  with  interest  at  the  rate  of  four  per  centum 
per  annum  from  the  dates  of  such  payments  respectively,  in 
case  the  said  title  conveyed  by  said  sale  shall  prove  invalid, 
by  reason  of  any  matter  or  thing  happening  prior  to  the 
sale  :  provided,  however,  that  no  claim  can  be  made  nor  any 
action  maintained  against  the  City  of  Brooklj^u,  upon  or  un- 
der said  covenant,  or  otherwise,  to  recover  the  amount  paid 
to  the  City  of  Brooklyn  for  any  lands  sold  under  the  provisions 
of  this  act,  unless  an  action  to  recover  the  same  shall  be  com- 
menced mthin  six  years  after  the  delivery  to  the  purchaser, 
his  legal  representatives  or  assigns,  of  the  deeds  of  said  lands 
and  premises  as  hereinafter  in  this  section  provided,  nor  un- 
less the  purchaser  or  his  assigns  shall  have,  within  one  year 
after  the  date  of  said  sale,  caused  notice  of  such  sale  to  be 
served  on  the  persons  entitled  to  redeem  the  said  lands,  as 
provided  in  section  seven  of  this  title,  and  shall  have,  within 
fifteen  months  after  the  service  of  such  notice,  applied  for  and 
received  a  deed  for  said  lands  as  hereinafter  provided.  Upon 
presentation  of  said  certificate  of  sale  and  proof  of  the  service 
of  the  notice  of  such  sale,  as  hereinafter  provided,  upon  the 
owners  and  mortgagees  of  the  said  lands  and  premises,  the 
registrar  of  arrears  shall,  after  the  expiration  of  one  year 
from  the  date  of  such  service,  execute  and  dehver  to  the  pur- 
chaser on  such  sale,  his  legal  representatives  or  assigns,  a 
deed  for  said  lands  and  premises,  and  such  purchaser,  his 
legal  representatives  and  assigns,  shall  take  a  good  and  suffi- 
cient title  in  fee  simple  absolute  to  the  property'  sold,  of 
which  the  said  deed  shall  be  presumptive  evidence,  and  in 
any  proceeding  or  action  to  be  by  said  purchaser,  his  heirs, 
legal  representatives  or  assigns,  taken,  prosecuted  or  defended 
for  the  recovery  of  the  possession  of  the  property  so  sold  as 
aforesaid,  or  in  the  establishment  or  defense  of  his  or  their 
title  shown  as  aforesaid,  by  such  deed,  such  title  shall  not 
fail  or  be  defeated  by  reason  of  any  irregularity  or  formal  de- 
fect in  the  procedure  taken  under  this  act,  upon  which  said 
sale  shall  have  been  made,  or  such  title  conveyed  as  afore- 
said.   The  City  of  Brooklyn  miy  be  a  purchaser  at  any  sale  of 


Department  of  Arrears.         82  Title  VIIL 

lands  under  the  provisions  of  this  title,and  with  the  same  right, 
title  and  effect  as  any  other  purchaser,  whenever  the  mayor, 
comptroller  and  corporation  counsel,  or  a  majority  of  them, 
shall  so  determine,  and  the  certificates  of  such  sales  to  said 
city  shall  be  delivered  to  the  comptroller,  who  shall,  in  behalf 
of  said  city,  cause  a  notice  of  said  sale  to  be  served  on  the 
owners  and  mortj?agees  of  the  land  so  purchased,  as  pro- 
vided in  section  five  of  this  title.  And  the  comptroller  may. 
with  the  assent  of  the  mayor,  assign  and  convey  any  of  said 
certificates  or  the  right  and  title  of  the  city  in  any  lands 
acquired  under  such  sale  on  payment  of  a  sum  not  less  than 
the  amount  which  would  be  required  to  redeem  such  lands 
under  the  provisions  of  this  act.  And  said  comptroller  shall 
have  the  care  and  custody  of  all  lands  which  may  become 
the  property  of  the  City  of  Brooklyn  by  reason  of  such  pur- 
chases, and  may  make  such  repairs  upon  any  building  or 
buildings  thereon  as  he,  with  the  assent  of  the  mayor,  may 
deem  necessary.  The  moneys  required  to  be  paid  by  said 
city  for  the  expenses  of  serving  notices  and  the  payment  of 
taxes,  water  rates  or  assessments  on  premises  purchased  by 
the  oiiy  for  any  unpaid  t;ixes,  assessments  and  liens,  filed, 
determined  and  certified  pursuant  to  the  provisions  of  chap- 
ter one  hundred  and  fourteen  of  the  laws  of  eighteen  hundred 
and  eighty- three,  and  for  the  makin*;  of  such  repairs,  shall 
be  charged  upon  and  paid  from  the  fund  constituted  by  the 
proceeds  from  the  collection  of  said  taxes,  assessments  and 
liens,  and  the  moneys  required  to  be  paid  by  said  city  upon 
any  other  purchase  made  pursuant  to  the  provisions  of  this 
act,  and  for  the  expense  of  serving  notices  of  such  sales  and 
the  payment  of  t  txes,  water  rates  and  assessments  on  prop- 
erty so  purchased,  and  for  the  making  of  such  repairs,  may 
be  taken  from  the  revenue  fund  in  case  there  is  no  other  fund 
applicable.  The  certificates  of  sale  made  under  the  provis- 
ions of  this  title  shall,  from  the  time  of  sale  and  record 
thereof,  constitute  a  lien  upon  the  land  and  premises  sold 
ATSkd  described  in  the  certificates :  provided,  however,  that  the 
lien  and  claim  of  every  purchaser  of  lands  hereafter  sold,  or 
taxes  or  assessments,  shall  terminate  from  and  after  the 
expiration  of  ten  years  from  the  date  of  sale,  unless  such 
purchaser  or  his  assigns  shall  within  that  time  have  given 


Title  VIII. 


83        Department  of  Arrears. 


the  notices  required  by  this  title  to  entitle  him  to  a  deed  of 
said  premises  and  shall  have  applied  for  and  received  such 
deed,  and  it  shall  be  the  duty  of  the  registrar  of  arrears  to 
-cancel  on  the  records  in  his  office  all  such  sales  where  no 
deed  shall  have  been  delivered  within  ten  years  from  the 
"date  of  sale. 

Chap.  580,  Laws  of  1894. 

See  Chap.  353,  Laws  of  1894. 

^  5.  Am^  person  or  persons  having  an  estate  in  or  any 
mortgagee  of  any  of  the  lands  and  premises  sold  in  pur- 
■suance  of  the  third  section  of  this  title,  whose  estate  or  lien 
?ip pears  on  record  in  the  County  of  Kings,  may  at  any  time 
before  the  expiration  of  one  year  after  notice  shall  have  been 
^iven  to  him  of  such  sale  by  the  purchaser  or  his  assigns  in 
the  manner  hereinafter  provided,  or  before  a  deed  of  said 
premises  shall  have  been  delivered,  as  provided  in  section 
four  of  this  title,  redeem  said  lands  and  premises  by  pajdng 
to  the  registrar  of  arrears  for  the  use  of  purchaser  or  his 
assigns  the  sum  paid  by  him  on  such  sale,  and  ten  per 
•centum  on  the  same,  but  such  percentage  shall  not  exceed 
the  sum  of  one  hundred  dollars  on  any  one  parcel  of  land 
«old.  And  on  such  redemption  there  shall  be  paid  on  the 
aggregate  amount  made  up  of  the  sum  paid  by  the  pur- 
•chaser  at  the  sale  and  the  said  percentage,  interest  from  the 
■date  of  said  sale  at  the  rate  of  fifteen  per  centum  per  annum 
and  one  dollar  for  each  notice  (not  exceeding  six)  served  as 
hereinafter  provided,  together  with  all  such  sums  which  shall 
have  been  paid  by  such  purchaser  or  his  assigns  for  taxes, 
assessments  or  water  rates  on  said  lands  levied,  imposed  or 
becoming  due  after  the  tax,  assessment  or  water  rate  for 
which  the  sale  was  made,  with  interest  thereon  from  the 
date  of  such  payments,  respectively,  at  the  rate  of  nine  per 
centum  per  annum  (which  said  payments  said  purchaser  or 
his  assigns  is  hereby  authorized  to  make).  And  upon  fiHng 
with  the  registrar  of  arrears  a  duplicate  receipt  for  such 
payments,  the  date  and  amount  of  such  payments  shall  be 
entered  upon  the  record  of  such  sale  in  the  office  of  said 
registrar  of  ai'rears,  and  the  amount  so  paid  and  entered 
shall  be  included,  with  interest  thereon,  as  aforesaid,  in  the 


Department  of  Arrears.         84  Title  VIII. 

amount  to  be  paid  on  the  redemption  of  the  said  premises, 
as  herein  provided.  Such  notice  shall  be  in  writing  and 
shall  be  served  by  deliveriog*  a  copv  thereof  to  the  person  or 
persons  aforesaid  personally,  except  in  case  of  a  non-resident 
of  this  State,  in  which  case  such  notice  may  be  served  either 
personally  or  by  depositing  the  same  in  the  j)ost  office  of  the 
City  of  Brooklyn,  inclosed  in  a  post  i)aid  wrapper,  directed 
to  such  person  or  persons  at  his  or  their  place  of  residence. 
Such  notice  shall  be  served  by  a  person  of  full  age,  who  shall 
make  an  affidavit  of  service  in  every  case,  stating  the  time, 
place  and  manner  of  the  service,  the  name  and  residence  of 
the  person  making  the  service,  the  interest  of  the  party 
served  in  the  premises,  and  his  knowledge  as  to  the  identity 
of  the  person  served,  and  such  affidavit  shall  be  tiled 
in  the  office  of  the  registrar  of  arrears  within  one 
month  after  the  date  of  service,  and  shall  be  prima 
facie  evidence  in  all  courts  and  places  of  the  facts  stated 
therein  ;  provided,  however,  that  if  any  estate  in  any  of  said 
lands  shall  be  held  by  any  heir  or  devisee  of  a  decedent 
whose  estate  appears  of  record  in  the  County  of  Kiugs,  or  if 
any  mortgage  or  lease  shall  be  held  by  the  executor  or  ad- 
ministrator of  any  decedent  whose  mortgage  or  lease  aj)pears 
of  record  in  the  County  of  Kings,  such  heir,  devisee,  executor 
or  administrator  shall  be  entitled  to  redeem  and  to  have  no 
tice  as  aforesaid.  When  any  person  entitled  to  redeem  or  to 
have  notice  under  this  section  or  his  name,  or  part  of  his 
name,  or  his  place  of  residence  remains  unknown  to  the  pur- 
chaser or  his  assigns,  after  diligent  inquiry,  or  where  such 
person,  being  a  resident  of  this  State,  is  and  has  been  six 
months  continually  absent  from  the  State,  or  avoids  service, 
so  that  personal  service  cannot  be  made,  an  order  for  the 
service  of  such  notice  by  publication  may  bo  made  b}"  a  j  udge 
of  any  court  of  record  residing  in  the  County  of  Kings,  upon 
a  petition  of  said  purchaser  or  his  assigns,  and  upon  proof 
satisfactory  to  the  judge,  by  affidavit  or  otherwise,  that  proper 
and  dihgent  effoit  has  been  made  to  serve  such  notice  upon 
such  person,  and  that  he,  his  name  or  part  of  his  name,  or 
his  place  of  residence  cannot  be  ascertained,  or  if  he  is  within 
the  State  that  he  avoids  service  so  that  personal  service  can- 
not be  made,  or  being  a  resident  of  the  State  that  he  had 


Title  VIII. 


85        Department  of  Arrears. 


been  continuously  absent  therefrom  for  six  months  next  be- 
fore granting  the  order.  Such  order  must  direct  that  service 
of  said  notice  be  made  by  the  publication  thereof  in  two 
newspapers,  designated  in  the  order  as  most  likely  to  give 
notice  to  the  person  intended  to  be  notified  by  such  descrip- 
tion or  designation,  if  his  name  be  unknown,  as  the  judge 
shall  direct,  for  «  specified  time,  which  the  judge  deems  rea- 
sonable, not  less  than  once  a  week  for  four  successive  weeks, 
and  by  leaving  a  copy  of  such  notice  at  the  place  of  residence 
of  such  person,  where  his  place  of  residence  is  within  the 
State,  and  known  to  the  pui-chaser  or  his  assigns.  A  certi- 
fied copy  of  such  order  and  a  copy  of  such  notice  with  proof 
of  the  publication  thereof  in  pursuance  of  such  order,  by  affi- 
davits made  by  some  one  of  the  publishers  of  the  respective 
newspapers  designated  in  said  order,  or  by  some  person  in 
employ  of  such  publishers  having  cognizance  of  such  pubUca- 
tion,  and  proof  by  affidavit  of  the  service  by  leaving  a  copy 
of  such  notice  at  the  residence  of  the  party  to  be  served,  as 
required  by  the  order,  shall  be  filed  in  the  office  of  the  regis- 
trar of  arrears,  and  shall  thereupon  become  public  records, 
and  shall  be  prima  facie  evidence  in  all  courts  and  places  of 
the  due  service  of  such  notice  upon  the  person  or  persons 
specified  in  such  order ;  and  upon  fihng  said  affidavits  such 
service  shall  be  deemed  complete  and  shall  have  the  same 
effect  as  personal  service  of  such  notice. 
Ch.  368,  Laws  of  1889. 

§  6.  All  moneys  paid  to  the  registrar  of  arrears  upon  sales 
in  pursuance  of  any  of  the  provisions  of  this  title,  shall  be 
deposited  by  him  with  the  treasurer  of  the  City  of  Brooklyn, 
and  the  surplus,  if  any,  remaining  in  any  case  after  deducting 
the  amount  of  th^  tax,  assessment  and  lien  and  interest  and 
expenses  of  sale,  and  any  costs  and  disbursements  allowed  by 
any  judgment  under  which  said  sale  shall  have  been  made, 
shall  be  held  for  the  use  of,  and  paid  over  to,  the  person 
legally  entitled,  upon  his  establishing  his  rights  thereto  ;  pro- 
vided, however,  that  interest  thereon  shall  not  be  recoverable 
or  demandable  from  the  City  of  Brooklyn  except  so  far  as 
interest  may  have  been  actually  received  by,  or  be  payable  to, 
said  city  upon  any  investment  or  deposit  of  said  principal 


Department  of  Arrears.        8G  Title  VIII. 

sum,  or  any  part  thereof.  Any  person  redeeming  any  lands 
from  a  sale  under  the  provisions  of  this  title,  shall,  at  the 
request  of  the  person  so  redeeming,  be  allowed  and  credited, 
by  the  registrar  of  arrears,  toward  such  redemption,  with  the 
amount  of  surplus  moneys  received  on  such  sale  then  remain- 
ing in  the  hands  of  the  treasurer,  and  upon  his  presenting  to 
the  said  registrar  a  certificate  from  the  comptroller  showing 
the  amount  of  such  surplus,  such  amount  shall  be  applied 
upon  or  toward  such  redemption. 

§  7.  Whenever  such  registrar  shall  receive  satisfactory  in- 
formation that  the  land  so  sold  beloDgs|to  an  idiot  or  insane  per 
son,  for  whose  estate  no  committee  shall  have  been  appointed, 
or  to  an  infant  having  no  guardian,  he  shall  not  execute  a 
conveyance  of  their  land  until  at  least  one  month  after  he 
shall  have  legal  evidence  that  such  disability  has  been 
removed,  or  a  committee  or  guardian  of  the  estate  has  been 
appointed.  And  until  the  expiration  of  said  month,  such 
committee  or  guardian  may  redeem  such  land  in  the  same 
manner  as  hereinbefore  provided. 

<f  8.  No  assignment  of  any  certificate  given  on  the  sale  of 
lanus  under  the  provisions  of  this  title  shall  become  operative 
or  have  any  effect  until  the  same  shall  have  been  presented 
to  the  registrar  of  arrears  and  a  memorandum  thereof  entered 
on  the  record  of  such  sales,  and  a  minute  of  such  entry  in- 
dorsed on  such  assignment,  and  every  such  assignment  shall 
have  priority  according  to  the  date  such  entry  and  minute 
are  made  and  indorsed. 

§  9.  In  case  of  any  omission  by  the  collector  of  taxes  and 
assessments  to  make  returns  of  unpaid  taxes  and  assess- 
ments, and  of  the  registrar  of  water  rates  to  make  returns  of 
unpaid  water  rates  to  the  registrar  of  arrears  as  required  by 
this  act,  it  shall  be  the  duty  of  said  registrar,  within  ten 
days  after  the  expiration  of  the  time  prescribed  before  which 
such  return  is  to  be  made,  to  notify  said  collector  or  registrar 
of  water  rates  of  such  omission,  who  shall  thereupon  forth- 
with cause  any  such  return  so  omitted  to  be  rendered. 

^  10.  It  shall  be  the  duty  of  the  registrar  of  arrears  im- 
mediately after  the  confirmation  of  the  assessed  valuation  of 


Title  VIII. 


87        Department  of  Arrears. 


property  as  stated  in  yearl}'  assessment  roll  for  taxes,  includ- 
ing the  assessment  roll  for  the  year  immediately  preceding 
the  current  year,  to  cause  to  be  entered  therein  in  the  column 
headed  "  notices  "  the  words  "  arrears  "  or  "  sold  "  according 
as  the  fact  may  be,  opposite  to  the  ward  numbers  of  lots  on 
which  any  arrears  of  taxes  or  water  rates  shall  be  due,  or  on 
which  any  assessment  shall  remain  unpaid,  which  taxes, 
water  rates  and  assessments  have  been  due,  or  which  were 
confirmed  twelve  months  prior  to  the  first  day  of  August 
then  last  past,  or  which  may  have  been  sold  for  assessments, 
taxes  or  water  rates  and  yet  be  redeemable. 
Chap.  368,  Laws  of  1889. 

^  11.  All  returns  of  unpaid  taxes  and  water  rates  made  to 
the  registrar  of  arrears,  pursuant  to  the  provisions  of  any 
title  of  this  act,  shall  be  posted  by  him  without  delay  against 
the  proper  lots  in  the  ledger  of  arrears  in  his  department, 
and  as  such  taxes  and  water  rates  are  paid  the  payments 
shall  be  noted  in  said  ledgers.  All  items  of  water  rates  so 
returned  to  the  registrar  of  arrears  and  entered  in  said 
ledgers  may  be  collected  in  the  same  manner  and  as  an-ears 
of  taxes. 

^  12.  The  registrar  of  arrears,  upon  the  requisition  of  any 
person,  shall  furnish  a  bill  of  any  arrears  of  assessments, 
taxes  and  water  rates  so  transmitted  or  returned  to  him ; 
also  of  the  amounts  necessary  to  redeem  any  lot  or  lots  sold 
for  the  like  dues  thereon,  if  it,  or  they,  be  yet  redeemable, 
which  shall  be  called  a  "  bill  of  arrears  of  assessments,  taxes 
and  water  rates,  and  for  redemption  ;  "  and  upon  payment  of 
the  amount  his  receipt  thereon  shall  be  conclusive  evidence 
of  such  payment,  and  forever  free  the  said  lot  or  lots  from 
all  liens  therein  specified. 

§  13.  The  registrar  of  arrears  shall  keep  regular  books  of 
account  and  make  monthly  returns  to  the  comptroller  of  all 
amounts  of  assessments,  taxes  and  w-ater  rates  received  by 
him  for  collection  ;  also  of  all  payments  made  by  him  to  the 
city  treasurer.  He  shall  also  make  a  daily  return  to  the 
comptroller  of  all  moneys  and  checks  received  by  him,  except 
for  fees  for  searches,  as  hereinafter  provided ;  such  books  and 


Department  of  Arrears.  88 


Title  VIII. 


returns  to  be  kept  and  rendered  in  such  form  and  manner  as 
shall  be  prescribed  or  approved  by  the  comptroller.  All 
moneys  and  checks  so  collected  by  said  registrar  shall  by 
him  be  paid  over  to  the  city  treasurer  on  the  day  of  their 
collection,  and  a  receipt  of  said  treasurer  therefor  shall  be 
filed  in  the  ofl&ce  of  the  comptroller.  In  case  of  neglect  or 
failure  by  said  registrar  of  arrears  for  twenty-four  hours  to 
make  any  payment  to  the  city  treasurer,  as  required  by  this 
act,  the  comptroller  shall  notify  the  mayor  thereof,  who 
shall  thereupon  suspend  him  from  office  and  proceed  against 
him  as  hereinbefore  provided  in  case  of  nonfeasance  or  mal- 
feasance in  office. 

§  14.  There  shall  be  kept  in  the  office  of  said  registrar  of 
arrears  a  record  of  all  sales  made  for  taxes  and  assessments, 
which  shall  show  the  amount  of  each  tax  and  assessment  and 
the  aggregate  amount  of  the  taxes  and  assessments,  with 
interest,  default,  cost  and  expenses,  and  the  sum  for  which 
each  pai'cel  shall  have  been  sold,  a  description  of  the  prem- 
ises sold  by  the  ward,  block  and  lot  numbers,  the  name  of 
the  person  to  whom  sold,  the  date  of  each  assignment 
thereof,  with  the  name  of  the  assignee  and  the  time  of  the 
dehvery  of  a  deed  therefor. 

§  15.  It  shall  be  the  duty,  of  the  registrai*  of  arrears  to  pro- 
cure, preserve  and  register  in  his  office  affidavits  of  the  pub- 
lication of  all  the  notices  by  this  act,  or  other  laws  required 
to  be  published  in  relation  to  the  sale  of  lands  and  tenements 
for  unpaid  assessments,  taxes  and  water  rates,  and  such  affi- 
davits shall  be  presumptive  proof  of  such  publication  in  all 
courts  in  this  State.  The  registrar  of  arrears,  or  one  of  his 
subordinate  officers,  shall  conduct  all  sales  heieafter  to  be 
made  for  unpaid  assessments,  taxes  and  water  rates,  and  no 
auctioneers'  fees  shall  be  charged  thereon.  Certificates  of 
sale  shall  be  made  and  delivered  to  the  purchaser  at  the  pub- 
lic sales  for  unpaid  assessments,  taxes  and  water  rates  with- 
out charge  therefor 

§  16.  Upon  the  application  of  any  holder  of  a  certificate  of 
sale,  or  lease  of  lands  sold  for  unpaid  assessments,  taxes  and 
water  rates,  for  the  payment  to  him  or  her  of  the  moneys  re- 
ceived by  the  collector  of  taxes  and  assessments,  the  depart- 


Title  VIII. 


89        Bepartment  of  Arrears. 


ment  of  city  works,  or  the  registrar  of  arrears;  for  the  re- 
demption of  the  lands  specified  in  said  certificate  or  lease,  it 
shall  be  the  duty  of  the  registrar  of  arrears  to  examine  the 
case,  and  if  found  to  be  correct  he  shall,  upon  the  sun^ender 
of  such  certificate  or  lease,  prepare  and  sign  a  check  on  the 
treasurer  in  favor  of  the  person  to  whom  such  certificate  or 
lease  was  issued,  or  to  his  or  her  assigns,  for  the  amount  re- 
ceived in  said  case,  and  after  procuring  the  counter- signature 
of  the  comptioller  thereon,  he  shall  deliver  such  check  to  the 
said  applicant,  taking  a  receipt  for  the  same.  All  such  can- 
celled certificates  of  sale  and  leases  shall  be  duly  filed  and 
preserved  in  the  department  of  arrears. 

§  17.  Whenever  any  person  shall  make  application  in 
writing  to  the  registrar  of  arrears  for  an  official  search  for 
any  certificate  of  liens  upon  any  lot  or  parcel  of  land  in  said 
city  for  unpaid  assessments,  taxes  and  water  rates,  or  sales 
thereof  for  assessments,  taxes  and  w^ater  rates,  the  same  to 
be  accompanied  by  a  map  of  such  property  or  other  distinct 
descriptions  thereof,  it  shall  be  the  dut}^  of  said  registrar  upon 
the  payment  of  his  lawful  fees,  as  herein  provided,  to  cause 
such  search  to  be  made  and  within  ten  days  to  furnish  a  cer- 
tificate, to  be  signed  by  the  clerk  who  made  such  search,  and 
countersigned  by  said  registrar  of  arrears;  which  shall  state 
all  such  liens,  if  any,  existing  upon  such  lot  or  parcel  of 
property  or  that  there  are  no  such  liens  thereon.  The  fees 
for  such  searches  and  certificates  shall  be  two  dollars  for 
each  parcel  of  land  and  shall  belong  to  said  registrar  of 
arrears,  who  shall,  out  of  his  own  means,  compensate  the 
clerks  employed  by  him  in  making  and  preparing  the  same, 
and  he  shall,  together  with  the  sureties  upon  his  official  bond, 
be  responsible  to  all  persons  requiring  such  searches  to  be 
made  and  certificates  thereof  to  be  furnished  them. 

§  18.  To  provide  the  money  required  to  pay  for  the  parcels 
purchased  by  the  city  under  this  title  and  the  expenses  of 
serving  notices  of  sale  and  the  payment  of  taxes,  water  rates 
and  assessments  on  the  premises  so  purchased,  the  comp- 
troller is  hereby  authorized  and  directed  to  issue,  from  time 
to  time,  as  may  be  necessary,  certificates  of  indebtednc  ss, 
which  shall  be  called  "  tax  certificates  "  and  shall  bear  inter- 


Department  of  Arrears.  90 


Title  VIII. 


est  not  exceeding  five  per  centum  per  annum,  and  to  be  pay- 
able  at  the  office  of  the  comptroller  at  some  date  not  longer 
than  three  years.  They  shall  be  signed  by  the  comptroller 
and  mayor  and  countersigned  by  the  city  clerk,  under  the 
seal  of  the  citj'.  If  the  amounts  paid  for  redemption  of  par- 
cels purchased  by  the  city  shall  be  insufficient  at  any  time  to 
meet  tax  certificates  falling  due  or  interest  on  same,  other 
tax  certificates  shall  be  issued  to  meet  such  deficiency. 
Chap.  33,  Laws  of  1892. 

§  19.  On  or  before  the  fii-st  day  of  July  in  each  year  the  reg~ 
istrar  of  arrears  shall  furnish  to  the  comptroller  a  statement 
of  all  items  of  taxes  on  personal  property  which  he  may  have 
been  unable  to  collect :  also  all  items  of  taxes  on  lands  imper 
fectly  described,  with  an  affidavit  of  like  tenor  as  is  required 
to  be  made  by  the  collector  of  taxes  and  assessments  in  sec- 
tion thirteen,  title  seven,  of  this  act,  and,  if  the  statement 
should  be  found  con-ect,  the  comptroller  shall  credit  the 
account  of  such  registrar  with  the  amount  and  charge  the 
same  to  the  account  of  deficiencies  of  taxes  in  the  several 
wards  and  shall  cause  such  amount  to  be  inserted  in  the 
next  annual  tax  levy  following. 

§  20.  In  case  any  land  oflfered  for  sale  b}'  reason  of  the  non- 
payment of  an  assessment  for  any  local  improvement  is  not 
sold  as  provided  by  law,  after  f-nd  for  the  period  of  two  years 
from  the  time  it  was  first  offered  for  sale,  for  any  term  of 
years  whatever,  the  registrar  of  arrears  shall  be  and  h«  is 
hereby  authorized  to  assign  and  convey  the  lien  which  the 
said  city  has  b^^  virtue  of  the  said  assessment  upon  several 
pieces  or  parcels  of  lands  to  any  person  who  will  pay  to  the 
said  city  the  amount  of  said  assessment,  with  all  interest,  de- 
faults or  other  charges  thereon,  whether  for  advertisement 
or  otherwise  :  but  no  such  assignment  or  conveyance  shall  be 
made  until  six  months  after  the  passage  of  this  act.  And  it 
shall  be  the  dut}'  of  the  registrar  to  give  persons  having  prior 
title  to  such  property,  by  tax  or  assessment  sale,  preference 
in  taking  such  assignment  in  such  manner,  that  those  hold- 
ing under  such  sale  shall  be  preferred  to  all  persons  claiming 
under  an  earlier  tax  or  assessment. 


Title  VIII. 


91         Department  of  Arrears. 


§  21.  Every  assessment  for  local  improvement  heretofor 
assessed  and  levied,  or  hereafter  to  be  assessed  and  levied  by 
said  city,  or  the  competent  authorities  thereof,  upon  any 
lands  or  premises  therein  situated  for  any  local  improvement, 
is  hereby  declared  to  be  and  made  a  lien  on  such  land  and 
premises,  superior  to  and  prior  in  right  and  effect  to  all 
former  assessments  for  taxes  or  water  rates  laid  thereon,  and 
prior  to  all  other  charges  thereon,  whether  by  judgment, 
mortgage  or  otherwise,  and  such  liens  shall  not  be  deemed 
to  be  proceedings  against  the  person  of  the  owner,  or  other 
person  interested  in  the  premises,  but  shall  be  held  to  be 
proceedings  against  the  land  and  premises  only,  and  it  shall 
not  be  necessary  to  state  the  name  of  the  owner,  or  other 
person  interested  in  the  land  so  assessed. 

§  22.  All  such  assessments  shall  be  presumed  to  be  valid 
and  legal  in  form  and  effect,  and  the  record  of  the  confirma- 
tion of  any  such  assessment  by  the  board  of  assessors,  or 
other  competent  authority  (upon  which  is  devolved  the  duty 
of  apportioning,  or,  in  the  first  instance,  laying  such  assess" 
ment),  together  with  a  proper  record  of  the  action  of  the 
common  council  in  laying  such  assessment  and  in  issuing  a 
warrant  for  the  collection  of  the  same,  shall  be  full  and  ample 
proof  in  all  courts  and  before  all  tribunals  of  any  such  assess- 
ment and  of  the  validity  thereof. 

^  23.  The  conveyance  and  assignment  of  such  lien  to  be 
given  as  hereinbefore  authorized  shall  state  and  recite  the 
amount  of  such  lien  (which  amount  shall  include  the  inter- 
est, defaults  and  charges  thereon),  the  date  when  said 
premises  were  first  offered  for  sale,  and  shall  recite  the  fact 
of  the  confirmation  and  levying  of  the  assessments,  and  issu- 
ing the  warrant  for  the  collection  of  the  same,  with  all  con- 
venient certainty,  and  shall  describe,  with  reasonable  particu- 
larity, be  metes  and  bounds,  the  lands  and  premises  so 
conveyed.  Such  conveyance  shall  be  termed  and  designated 
"conveyance  of  assessment  lien,"  and  shall  be  prima  facie 
evidence  of  the  facts  therein  recited,  but  no  defects  in  the 
form  or  substance  of  the  recitals  or  statements  therein  con- 
tained shall  be  deemed  to  invalidate  the  title  of  such  liens  so 


Department  of  Arrears.  92 


Title  VIII. 


conveyed,  but  such  defects  shall  only  affect  such  conveyance 
80  far  as  its  recitals  are  hereby  made  evidence. 

§  24.  All  such  liens  may  be  foreclosed  by  action,  in  the 
same  manner  and  with  the  like  effect  as  mortgages  are  now 
provided  by  law  to  be  foreclosed,  and  not  otherwise,  and  all 
provisions  of  law  relative  to  the  foreclosure  of  mortgages  and 
the  effect  thereon  shall  apply  to  such  foreclosures,  but  no  fees 
for  a  referee  or  sheriff  on  the  sale  of  the  lands  or  premises 
affected  shall,  in  any  case,  exceed  twenty-five  dollars,  and  the 
costs  and  disbursements  chargeable  in  any  such  action  shall 
not  in  any  case  exceed  the  amount  of  such  lien  and  shall  not 
be  a  charge  against  the  person,  but  only  a  charge  against  the 
property  affected  ;  but  in  case  such  action  is  defended  by  any 
of  the  defendants,  judgments  for  costs  of  the  proceedings 
made  by  such  defense  may  be  given  against  the  defendants 
so  defending,  and  no  others,  as  are  now  provided  by  law.  In 
case  the  premises  affected  by  the  assessment  lien  consists  of 
more  than  one  lot  upon  the  assessors'  map  of  said  city,  or  in 
case  such  property  is  so  situated  that  a  part  thereof  can  be 
sold  separately,  the  decree  to  be  entered  shall  provide  that  it 
be  sold  in  lots  by  the  assessment  map,  or  in  parcels,  not 
exceeding  twenty-five  hundred  feet  in  superficial  area,  as  the 
same  may  be  di^dded  most  advantageously,  but  no  more  of 
such  lots  or  parcels  shall  be  sold  in  any  case  than  sufficient  to 
satisf}"  such  decree. 

^  25.  No  sale  shall  be  made  under  a  decree  in  any  such 
action  in  less  than  six  months  after  the  entry  and  filingr  of  the 
decree,  and  prior  to  such  sale,  the  owner,  or  any  other  person 
having  an  estate  in  or  lien  in  such  premises  (other  than  by 
tax  or  assessment  sale)  may  redeem  such  premises  ;  but  in 
case  personal  servico  shall  not  be  made  on  any  owner  or  per- 
son having  a  freehold  estate  in  such  premises,  or  any  person 
having  a  mortgage  of  record  on  such  premises,  the  time  to 
redeem  of  such  owners  or  persons  having  a  freehold  estate  or 
mortgage  shall  be  one  year  after  the  entry  of  the  decree,  and 
in  such  case  sale  shall  not  be  made  under  such  decree  in  less 
time  than  one  year  after  the  entiy  of  such  decree. 

§  26.  Such  redemption  may  be  made  by  tendering  and  pay- 
ing the  amount  of  such  lien  and  interest  thereon  at  the  rate 


Title  VIII. 


93        Department  of  Arrears. 


of  fifteen  per  cent,  per  annum,  and  all  costs  and  charges  in 
such  action  incurred,  and  for  the  purposes  of  such  redemption 
any  party  may  have  such  costs  taxed  at  any  time,  and  prior 
to  judgment,  upon  giving  notice,  as  now  provided  by  law,  for 
the  taxation  of  costs. 

§  27.  Prior  to  judgments  in  such  actions,  all  parties  inter- 
ested in  the  premises,  by  tax,  assessment  or  other  title,  may 
apply  to  and  be  subrogated  to  the  rights  of  the  plaintiff,  as 
now  by  law  provided  in  actions  to  foreclose  mortgages,  and 
in  all  motions  or  proceedings  made  in  such  actions  to  be  al- 
lowed to  be  subrogated  to  the  rights  uf  the  plaintiff,  all  tax 
and  assessment  sales  and  leases  and  certificates  thereon  shall 
be  held  and  be  deemed  to  be  valid,  and  the  title  or  estate 
thereby  conveyed,  good  and  perfect,  as  thereby  stated  or 
recited. 

§  28.  The  summons  in  every  action  and  in  every  copy 
thereof  which  may  be  delivered  or  served,  shall  have  a  writ- 
ten or  printed  copy  of  the  last  four  preceding  sections  of  this 
title,  written  or  printed  thereon,  stating  that  the  same  are 
extracts  from  this  law,  together  with  a  notice  that  such  lien 
may  be  redeemed  at  a  place  in  the  County  of  Kings,  to  be 
therein  named  (at  which  place  a  redemption  or  offer  to  re- 
deem shall  be  valid  and  effectual),  but  such  place  maybe 
changed  within  said  county  by  order  of  the  court,  duly  en- 
tered and  filed  in  such  action. 

§  29.  No  such  foreclosure  shall,  however,  have  the  effect  to 
cut  off,  or  in  any  way  render  invalid  any  assessment  or  tax 
on  which  sale  has  not  been  made,  nor  to  invalidate  any  tax 
sale  held  by  the  city,  but  all  such  prior  sales  may  be  re- 
deemed by  the  purchaser  under  any  such  foreclosure  at  any 
time. 

§  30.  Whenever  any  such  foreclosure  and  sale  shall  be 
made,  the  city  shall  be  deemed  to  be  and  shall  be  relieved 
forever  from  any  claim  or  demand,  for  or  on  account  of  its 
agreement  to  return  any  sum  received  on  any  former  sale, 
by  reason  of  the  former  title  being  defective,  but  the  title  of 
such  former  purchaser  shall  be  cut  off,  unless  such  purchaser 
shall  defend  and  succeed  in  such  action,  or  shall  be  subro. 
gated  to  the  rights  of  the  plaintiff  as  herein  provided  :  and 


Department  of  Arrears. 


Title  VIII. 


while  any  such  action  shall  be  pending,  the  right  to  the  re- 
turn of  such  sums  paid  on  prior  sales  shall  be  suspended. 

§  31.  In  case  such  lien  should  be  assigned  and  conveyed, 
as  hereinbefore  provided,  after  the  property  affected  has  been 
duly  exposed  for  sale,  but  prior  to  the  expiration  of  the  period 
of  two  years,  such  lien  may  not  be  foreclosed  until  such  two 
years  shall  be  fully  expired,  and  the  title  conveyed  by  such 
conveyance  shall  not  be  otherwise  affected  by  such  irregu- 
larity. Such  "  conveyance  of  assessment  lien  "  may  be  re- 
deemed at  all  times  prior  to  the  commencement  of  an  action 
to  foreclose  the  same,  or  at  any  time  when  no  such  action 
shall  be  pending  or  judgment  in  force,  by  paying  the  amount 
thereof  and  all  interest  thereon,  as  by  law  provided,  at  the 
rate  of  fifteen  per  cent,  per  annum. 

§  32.  No  assignment  of  such  '*  conveyance  of  assessment 
lien "  shall  be  valid  unless  a  record  of  such  assignment  is 
made  in  the  office  of  the  registrar  of  arrears  in  the  same 
manner  as  records  of  assignments  of  certificates  of  sale  for 
taxes  or  assessments  are  required  to  be  made. 

^  33.  No  action  to  foreclose  such  a  lien  shall  be  deemed  to 
be  commenced,  nor  shall  judgment  be  given  therein,  unless  a 
notice  of  the  commencement  thereof  shall  be  filed  in  the  office 
of  the  registrar  of  arrears ;  but  this  section  shall  not  bo 
deemed  to  render  unnecessary  the  filing  of  a  notice  of  the 
commencement  of  the  action  in  the  office  of  the  county  clerk 
of  the  County  of  Kings. 


I 


TITLE  IX 


DEPARTMENT     OF  LAW. 

Section  1.  Tlie  head  of  the  department  of  law  shall  be  the 
attorney  and  counsel  of  the  corporation.  He  shall  be  ap- 
pointed by  the  mayor,  as  hereinbefore  provided.  His  term 
of  office  shall  be  for  two  years  and  shall  commence  on  the 
fii-st  day  of  February  next  succeeding  his  appointment.  He 
shall  have  the  management^  charge  and  control  of  all  the  law 
business  of  the  corporation  and  the  departments  thereof  and 
all  the  law  business  in  which  the  city  shall  be  interested, 
except  as  hereinafter  otherwise  provided  :  draw  all  leases, 
deeds  or  other  legal  papers  for  the  city,  and  shall  be  the 
legal  adviser  of  the  mayor  and  common  council  and  the  sev- 
eral departments  of  the  corporation.  He  shall  have  the 
charge,  management  and  control  of,  and  shall  conduct  all 
proceedings  necessary  in  opening,  widening,  altering  or  clos- 
ing streets,  avenues,  parks,  roads  or  lanes  and  all  other  local 
improvements  of  the  same  kind,  and  shall  make  all  searches 
and  abstracts  of  title  required  in  opening,  widening  or  ex- 
tending any  street,  avenue  or  square,  and  in  extending  the 
water  works  and  sewers  and  in  all  other  acquisitions  of  lands 
for  the- public  purposes  of  the  city:  and  he  shall  have  the 
power  and  autliority,  with  the  consent  of  the  common  coun- 
cil, from  time  to  time  during  his  continuance  in  office,  to 
authorize  an  attorney  or  other  person  to  appear  for  him,  in 
his  name,  for  and  oq  behalf  of  the  said  corporation  and  con- 
duct and  defend  suits  and  proceedings  in  all  courts  and 
places.  He  shall  receive  an  annual  salary  of  eight  thousand 
dollars  in  full  for  all  services  rendered  and  performed  by  him 
for  the  corporation,  including  fees  arising  or  which  may 
accrue  on  any  proceedings  for  any  local  improvements  or 
otherwise,  all  which  fees,  and  all  fines  and  penalties  by  him 
received,  shall  be  paid  over  monthly,  under  oath,  to  the 
treasurer  and  an  account  thereof  rendered  to  the  comp- 
troller. 


Department  oi  Law.  96 


Title  IX. 


5  2.  No  deed  of  cession  of  any  street  or  paits  of  streets, 
avenues,  lanes,  roads  or  parks  shall  be  accepted  by  the  said 
common  council  until  the  title  to  the  parties  ceding  the  lands 
on  the  same  shall  have  been  examined  and  ascertained  by  the 
said  attorney  and  counsellor  and  until  he  shall  report  to  the 
common  council  such  fact  in  wi-iting,  the  fees  and  expenses 
thereof  to  be  paid  by  the  parties  executing  the  deed  of  ces- 
sion,, which  said  fees  and  expenses  shall  l^e  paid  into  the 
treasury  for  the  use  of  the  city. 

?  3.  It  shall  be  the  duty  of  the  attorney  and  counsel  to 
commence  all  actions  for  fines,  damages  and  penalties  for  the 
violation  of  any  provisions  of  this  act  or  of  any  of  the  ordi 
nances  of  the  City  of  Brooklyn.  All  moneys  collected  or 
received  by  him  in  any  such  action  he  shall,  on  the  same  day 
that  he  receives  them,  pay  over  to  the  treasurer. 


TITLE  X. 

DEPARTMENT  OF  ASSESSMENT. 

Section  1.  There  shall  be  a  department  of  assessment  to 
consist  of  a  president  and  twelve  assessors,  who  shall  consti- 
tute the  board  of  assessors  of  the  City  of  Brooklyn.  The  term 
of  office  of  the  president  shall  be  for  two  years  and  shall  com- 
mence on  the  first  day  of  February  next  succeeding  his 
appointment.  He  shall  receive  an  annual  salary  of  four 
thousand  dollars.  The  twelve  assessors  hereinbefore  authori- 
zed to  be  appointed  shall  be  appointed  by  the  mayor,  and 
their  term  of  office  shall  be  for  five  years,  to  commence  on  the 
fii-st  day  of  September  next  succeeding  their  appointment, 
save  as  in  this  section  otherwise  provided.  And  in  order  to 
constitute  a  board  of  twelve  assessors,  as  herein  provided  for, 
the  mayor  of  the  City  of  Brooklyn,  immediately  after  the 
passage  of  this  act,  shall  appoint  two  suitable  persons  to  be 
assessors  of  said  city  in  addition  to  the  ten  assessors  holding 
office  at  the  time  of  the  passage  of  this  act,  which  two  said 
assessors  shall  take  office  immediately  upon  their  appointment 
and  quahfication.  The  term  of  office  of  the  said  two  addi- 
tional assessors  shall  expire  on  the  first  day  of  September, 
eighteen  hundi*ed  and  ninety-seven,  and  their  successors  shall 
be  appointed  and  shall  hold  office  for  the  same  term  as  the 
successors  of  the  other  assessors  in  the  City  of  Brooklyn. 
The  term  of  office  of  the  two  assessors  appointed  for  the  tei*m 
commencing  September  first,  eighteen  hundred  and  eighty- 
seven  is  hereby  made  to  expire  on  the  first  day  of  September, 
eighteen  hundred  and  ninety-two.  Each  of  the  said  assessors 
shall  receive  an  annual  salary  of  three  thousand  dollars. 

Chap.  179,  Laws  of  1892. 

See  Chap.  68,  Laws  of  1892. 

By  Chap.  356,  Laws  of  1894,  the  appointment  of  an 
additional  assessor  was  authorized. 

By  Chap.  449,  Laws  of  1894,  the  appointment  of 
additional  assessors  was  authorized. 

By  Chap.  451,  Laws  of  1894,  the  appointment  of  two 
additional  assessors  was  authorized,  but  total  number 
must  not  exceed  fourteen. 


Department  of  Assessment.  98 


Title  X- 


<f  2.  The  president  shall  bo  the  head  of  the  said  depnrt- 
ment :  he  shall  preside  at  all  meetings  of  the  board,  and  in 
his  absence  the  assessors  may  appoint  a  president  pro  tempore. 

^  3.  The  said  assessors  shall  make  out  the  assesbment  lists 
and  rolls  for  local  improvements  and  taxes,  and  perform  such 
other  duties  as  may  be  required  of  them  under  the  direction 
of  the  president.  Said  board  of  assessors  shall  have  power,, 
and  it  shall  be  their  duty,  to  make  all  assessments  for  taxes- 
and  local  improvements  (except  for  sewers)  in  the  City  of 
Brooklyn  in  the  manner  by  this  act  or  other  laws  provided,, 
and  all  provisions  of  law  now  applicable  to  the  assessors  of 
Brooklyn,  or  towns  in  this  State,  in  relation  to  assessments 
for  taxes  in  said  city,  are  hereby  declared  to  apply  to  the  as- 
sessors to  be  appointed  under  this  act.  The  ward  maps, 
made,  or  to  be  made,  shall  continue  to  be  in  the  custody  of 
said  board  of  assessoi*s,  and  all  assessments  shall  refer  to 
said  maps,  except  in  cases  -^here  they  do  not  exist:  and 
where  a  portion  of  any  lot  of  land  laid  down  on  said  maps 
shall  be  taken  for  any  improvement,  the  residue  shall  be 
deemed  liable  to  be  assessed  for  such  improvement :  and  land 
occupied  by  a  person  other  than  the  reputed  owner  may  be 
assessed  in  the  name  of  the  occupant. 

4.  In  all  assessments  of  lands  and  tenements  hereafter  to 
be  made,  whether  for  benefits  from  local  improvements  or  the 
opening,  widening  and  extending  of  streets,  avenues,  squares^ 
parks  and  places,  also  for  water  rates,  in  addition  to  the 
known  street  numbers,  if  there  be  any,  the  same  ward  or 
block  numbers  shall  be  used  to  designate  the  lots  «s  are  or 
may  bo  used  to  designate  them  in  assessments  for  taxes,  and 
no  other  numbers  shall  be  necessary,  except  where  no  ward 
or  block  numbers  exist.  In  case  ward  maps  do  not  exist  for 
any  ward  or  wards,  or  portions  thereof,  the  common  council, 
shall  as  soon  as  they  shall  deem  it  advisable,  cause  the  same  to 
be  made.  In  every  assessment  for  a  local  improvement,  there 
shall  be  added  two  per  cent,  for  assessors'  fees  for  the  benefit 
of  the  city. 

§  5.  There  shall  be  ruled  in  the  yearly  assessment  rolls  for 
taxes  in  each  ward  six  additional  columns,  which  shall  be 
headed  respectively  as  follows  :  "  amounts  received,"  "  cash- 


Title  X. 


0?)    Department  of  Assessment. 


book,"  "volume,  folio,"  "reductions  and  cancellations,"  "no- 
tices," "ai'rears."  "assessments  due."  These  columns  shall 
be  used  in  the  manner  and  for  the  purposes  specified  in  this 

Ch.  368,  Laws  of  1889. 

6.  There  shall  be  included  in  every  assessment  for  local 
improvements,  hereafter  made  and  confirmed,  such  amount 
as  may  be  necessary  to  reimburse  to  the  city  th(  interest 
upon  all  advances  made  in  executing  such  improvements ; 
such  interest  always  to  be  computed  to  dates  three  months 
subsequent  to  the  times  of  confirmation  of  such  assessments 
respectively,  and  the  amounts  so  included  in  assessments  for 
interest,  as  well  as  the  amounts  collected  for  interest  on 
assessments,  shall  be  appropriated  and  applied  to  the  pay- 
ment of  interest  on  the  city  bonds  issued,  on  account  of  the 
improvements,  for  which  such  assessments  were  levied,  and  it 
shall  be  the  dut}^  of  the  board  of  assessors,  within  three 
months  after  the  amount  of  an  assessment  shall  have  been 
determined,  to  apportion  the  same  upon  the  property  bene- 
fitted, and  to  return  the  list  thereof  to  the  common  council  for 
confirmation. 

§  7.  In  determining  value  of  personal  property  to  be 
assessed  for  taxes,  the  assessors  shall  have  the  power  to 
examine,  upon  oath,  every  person  whom  they  shall  beUeve 
ought  to  be  assessed  for  such  property,  and  shall  also  have 
power  to  examine,  under  oath,  sucfh  other  persons,  as  wit' 
nesses,  in  relation  thereto,  as  they  may  deem  proper,  and  for 
that  purpose  may  administer  oaths  and  issue  process  to  com- 
pel the  attendance  of  witnesses  before  them.  Any  person 
who  shall  refuse  to  make,  under  oath,  a  fuU  disclosure  of  all 
the  facts  necessary  to  enable  the  assessors  to  make  a  fair  and 
just  assessment  of  his  or  her  personal  property,  w-ien  duly 
called  upon  by  the  assessors  to  do  so,  or  to  answer  such  ques- 
tions as  may  be  put  to  him  or  her  in  relation  thereto,  shall  be 
assessed  a  gross  sum,  which  in  their  judgment  will  be  to  the 
full  amount  of  his  personal  estate,  and  shall  forfeit  for  one 
year  all  the  rights  and  privileges  given  bv  this  act,  or  by  the 
the  laws  for  the  assessment  and  collection of  taxes  to  persons 
aggrieved  by  erroneous  or  excessive  assessuients:    It  shall  be=' 


Departmeu:  of  Assessment,  loo     .  Title  X. 

the  duty  of  the  board  of  assessors  to  cause  circulai-  notices  to  be 
sent  through  the  post  office,  or  otherwise,  to  all  persons  and 
corporations  assessed  by  them  for  personal  property,  stating 
therein  tlie  amount  assessed,  also  the  time  during  which  and 
the  place  where  applications  may  be  made  for  the  correction 
of  such  assessments,  if  the  same  be  erroneous.  All  such 
notices  shall  have  printed  on  them  the  provisions  of  this  act 
relating  to  assessments  of  personal  property. 

§  8.  They  shall  make  up  and  complete  by  the  first  day  of 
June  in  oach.  year  their  valuations  of  taxable  property  in  the 
several  wards,  as  estimated  and  assessed  by  them,  and  the 
assessed  valuations  of  real  and  personal  estate  so  made  shall 
be  entered  in  detail  in  books  kept  by  said  board  called 
annual  record  of  the  assessed  valuations  of  real  and  personal 
•estate,"  which  books  shall  be  kept  open  for  examination  and 
correction  until  the  first  day  of  July,  when  they  shall  be 
closed.  Daring  the  time  said  books  shall  be  open  said 
assessors  shjill  give  due  notice  thereof,  as  required  by  law, 
And  during  that  time  application  may  be  made  by  any  person 
Aggiieved  by  the  assessed  valuation  of  his  or  her  real  or 
personal  estate  to  have  the  same  corrected.  In  case  such 
applicativm  be  made  in  relation  to  the  valuation  of  real  estate, 
it  must  be  in  wiiting,  stating  the  ground  of  objection  thereto. . 
Jf  in  relation  to  [>ersonal  property,  the  applicant  shall  be 
■examined  u^wn  oath. 

§  9.  It  shall  be  the  duty  of  the  said  assessors  to  attend 
'during  such  examination  and  review,  an  »  to  make  corrections 
in  the  descriptions  of  property  and  in  the  assessed  valuations 
thereof,  if  in  their  judgment  the  same  are  erroneous.  The 
«aid  assessors  shall  cause  to  be  prepared  from  the  said  "  bcoks 
of  annual  record,"  after  the  same  shall  have  been  duly  cor. 
rected,  assessment  rolls  or  tax  books  for  each  ward  of  said 
"City  respectively,  which  shall  be  duly  sworn  to  by  at  least  two 
of  the  assesbois,  according  to  oath  p:ovided  by  law  in 
regard  tu  assessment  roUs  in  the  ditierent  towns  of  this  State  ; 
4Uid  further,  to  the  eftect  that  they  have  together  personally 
■examined,  within  the  year  past,  each  and  every  lot  or  parcel 
of  land,  house,  building  or  other  accessible  property,  and  such 
iissessmeiit  rolls  or  tux  book  shall,  on  or  before  the  first  day 


Title  X. 


101    Department  of  Assessment 


of  August,  be  delivered  to  the  board  of  supervisors  of  Kings 
County,  which  board  shall  proceed  thereon  in  the  manner  re" 
quired  by  law  for  the  laying  and  collection  of  taxes  No  tax 
levied  and  confirmed,  or  attempted  to  be  levied  and  confirmed, 
upon  the  various  lots,  pieces  and  parcels  of  land  in  the  sev- 
eral wards,  except  the  twenty-sixth  ward,  in  the  City  of 
Brooklyn,  since  the  year  eighteen  hundred  and  siA:ty-one, 
shall  be  held  or  declared  to  be  invalid  by  reason  of  tlie  failure 
or  omission  of  the  assessors  of  said  city,  or  of  two  of  them  to 
swear  to  the  corrected  assessment  rolls  or  books  of  each  or  of 
any  of  the  wards  of  said  city,  or  to  write  or  indorse  upon  said: 
rolls  an  affidavit  for  the  several  years  since  the  year  aforesaid,, 
or  for  any  of  such  years,  to  the  efl'ect  that  they  have  together 
personally  examined  within  the  past  year  each  and  every  lot: 
or  parcel  of  iand,  house,  building  or  other  accessible  property 
within  the  ward :  or  to  the  efi:ect  that  they  have  together 
personally  examined  within  the  year  past  each  and  every  lot 
or  parcel  of  land,  house,  building  or  other  accessible  property. 
The  taxes  so  far  as  the  same  remain  unpaid  which  wei  e  levied 
aad  confirmed,  or  attempted  to  be  levied  and  confirmed,  by  the. 
supervisors  of  the  County  of  Kings  upon  the  various  lots^ 
pieces  and  parcels  of  land  in  the  several  wards  of  the  City  of 
Brooklyn  for  each  and  every  year  since  the  year  eighteen 
hundred  and  sixty-one,  as  the  same  appear  and  were  carried 
out  on  the  several  assessment  rolls  or  books  of  said  several 
wards  for  each  and  every  of  said  years,  are  hereby  in  all 
respects  and  for  all  purposes  made  and  declared  good  and 
valid  and  effectual  in  law  :  and  the  acts  of  tae  said  supervisors, 
in  each  of  said  years,  in  apportioning,  levying  and  confirming 
the  taxes  upon  the  various  lots  pieces  and  parcels  of  land 
designated  upon  said  rolls  or  books,  and  in  issuing  and 
delivering  warrants  for  the  collection  of  such  taxes,  are 
hereb}'  ratified  and  confirmed  and  made  valid  and  effectual, 
and  the  said  taxes  remaining  unpaid,  shall  be  payable  with 
interest  at  the  rate  of  nine  per  cent,  per  annum  from  the- 
date  of  such  original  confirmation,  except  as  other  vise  pro- 
vided  in  section  three  of  title  eight  of  this  act. 

,  §  10.  The  board  of  assessors  shall  have  power  to  rectify- 
any  errors  com-nitted  in  the  laying  of  any  tax  or  assessment,. 


Department  of  Assessment.  102 


Title  X. 


as  well  for  general  purposes  as  for  any  local  improvement, 
only  in  the  following  cases  : 

1.  Wlien  the  error  is  entirely  cleiical. 

2.  Wlien  there  is  a  mistake  in  the  name  of  the  party  taxed 
or  assessed. 

3.  When  the  quantity  of  the  real  estate  or  nature  of  the 
buildings  and  improvements  thereon  shall  be  erroneously 
given. 

4.  When  the  personal  estate  shall  be  over  estimated  and 
the  party  assessed  shall  have  been  prevented  from  inspecting 
the  assessment  rolls,  by  sickness  or  absence  from  the  city, 
during  the  said  time  the  same  were  open  for  examination 
and  coiTection. 

5.  When  property  has  been  assessed  that  was  by  law 
exempt  from  tax  at  the  time  the  assessment  was  laid.  Such 
power  shall  be  exercised  only  upon  satisfactory'  proof  of  error, 
but  no  correction  shall  be  valid  until  it  shall  have  been  cer- 
tified to  l>y  the  comptroller  and  the  collector  of  taxes  and 
assessments  and  duly  entered,  in  red  ink,  in  the  assessment 
list  or  lists  in  the  department  of  collec!ion. 

§  11.  If  a  sum  of  money  in  gross  has  been  or  shall  be 
taxed  for  general  purposes  or  assessed  for  any  city  improve- 
ment uix>n  any  lands  or  premises,  any  person  or  persons 
claiming  to  be  interested  in  any  divided  or  undivided  part 
thereof  nmy  pay  such  part  of  the  said  sum,  also  of  the  inter- 
est and  charges  due  or  charged  thereon,  as  the  board  of 
assessors  may  deem  and  certify  to  be  just  and  equitable,  and 
the  rem;iinder  of  the  sum  of  money  so  taxed  or  assessed, 
together  with  the  interest  and  charges,  shall  be  a  lien  upon 
the  residue  of  the  lands  and  premises  only,  which  may  be 
sold  according  to  law  to  satisfy  the  residue  of  such  assess- 
ment, tax,  interest  and  charges  in  the  same  manner  as  though 
the  residue  of  said  assessment  and  tax  has  been  imposed 
upon  the  residue  of  said  lands  or  premises.  It  shall  be  the 
duty  of  the  said  board  of  assessors  to  make  SLuy  such  appor- 
tionment upon  application  by  any  person  interested,  accom- 
panied by  a  diagram  of  the  property,  showing  the  true 
limits  and  extent  of  the  interest  of  such  applicant,  and  ail 
such  apportionments  shall  be  recorded  in  the  office  of  said 


Title  X. 


103    Department  of  Assessment. 


board  and  also  noted  in  red  ink  on  the  assessment  rolls  or 
assessment  registers  in  the  department  of  collection  or  in 
the  department  of  arrears. 

§  12.  Any  person  who  shall,  by  reason  of  any  mistake  by 
himself  or  his  agent,  pay  a  tax  or  assessment  for  water  rates 
or  for  benefit  upon  real  estate  belonging  to  another  person 
or  persons  shall  have  a  right  of  action  to  recover  in  any 
court  having  jurisdiction  from  the  party  owning  the  real 
estate  at  the  time  of  levying  such  tax  or  assessment  the  sum 
which  he  shall  have  paid  erroneously  as  aforesaid,  with  inter- 
est thereon,  but  he  shall  have  no  claim  upon  or  recourse  to 
the  city  for  such  erroneous  payment. 

§  13.  In  case  any  claim  shall  be  presented  for  refunding  a 
duplicate  payment  for  an  assessment,  tax  or  water  rate, 
accompanied  by  a  receipt  of  any  proper  officer  of  the  city 
therefor,  such  claim  shall  be  referred  to  and  be  examined  by 
the  officer  receiving  such  payment,  and,  if  the  same  shall  be 
found  valid  and  just,  said  officer  shall  prepare  and  certify  a 
proper  account  therefor,  to  which  shall  be  attached  the 
receipt  for  such  payment,  and,  upon  being  also  examined 
and  certified  by  the  auditor  and  approved  by  the  comptroller, 
it  shall  be  the  duty  of  the  latter  to  cause  a  warrant  upon  the 
treasurer,  to  be  executed  in  favor  of  and  delivered  to  such 
complainant,  for  the  amount  thereof,  upon  his  giving  a 
proper  receipt  for  the  same.  All  duplicate  payments  so 
refunded  shall  be  charged  by  the  comptroller  and  the  treas- 
urer to  the  account  which  received  credit  for  the  amount 
when  collected  and  deposited.  In  case  any  claim  shall  be 
presented  for  refunding  the  whole  or  any  part  of  any  tax  or 
assessment  which  has  been  paid,  and  is  claimed  to  be 
erroneous  by  reason  of  such  error  as  is  named  in  section  ten 
of  this  title,  the  board  of  assessors  shall  examine,  and,  if 
they  find  that  any  such  error  has  been  made,  shall  certify 
the  same  and  the  amount  thereof  to  the  officer  who  received 
such  payment,  and  subsequent  proceeding  shall  be  taken 
thereupon  the  same  as  are  hereinbefore  provided  for  claims 
on  account  of  duplicate  payments. 

§  14.  In  cases  where  any  piece  or  parcel  of  land  shall  be 
sold  for  any  assessment  or  tax  thereon,  and  there  shall  be 


Department  of  Assessment.  104 


Title  X. 


separate  interests,  divided  or  undivided,  at  time  of  levying 
sucli  tax  or  assessment,  and  the  same  shall  be  made  to  appear 
to  the  satisfaction  of  the  board  of  assessors,  by  affidavit,  they 
may  apportion  the  amount  for  which  said  land  shall  have 
been  sold,  between  the  several  interests,  and  the  provisions  of 
law  applicable  to  the  redemption  of  lands  from  sales  for  assess- 
ments and  taxes  and  water  rates  shall  apply  to  the  several 
interests  and  amounts  apportioned  ;  all  such  apportionments 
shall  be  recorded  in  the  office  of  said  board,  and  also  noted 
in  red  ink  in  the  proper  book  kept  by  the  registrar  of  arrears. 

^>  15.  Whenever  the  attorney  and  counsel  of  the  city  shall 
be  of  opinion  that  any  proceeding  or  assessments  for 
local  improvements  are  invalid  and  void  by  reason  of  irregu- 
larity in  the  conducting  or  laying  the  same,  he  shall  forth- 
with report  such  opinion,  and  the  reasons  therefor,  to  the 
common  council,  and  the  common  council  shall  enter  an 
order  in  their  minutes  of  proceedings  declaring  such  assess- 
ments invalid  and  void,  and  the  said  assessments  shall  there- 
upon be  held  and  deemed  to  be  invalid  and  void,  and  the  said 
common  council  are  hereby  authorized  and  empowered  to 
cause  the  amount  of  such  assessments  to  be  re-assessed,  and 
to  have  new  proceedings  taken  and  re-assessments  made,  in 
the  same  manner  as  the  original  proceedings  and  assessments 
should  have  been  made,  and  such  new  proceedings  and  re- 
assessment shall  have  the  same  eftect  as  the  original  proceed- 
ings and  assessments  would  have  had,  had  they  be'^n  properly 
taken  and  made. 

§  16.  The  common  council,  in  case  any  such  unpaid  assess- 
ments shall  be  rejected  for  want  of  jurisdiction  in  making  the 
improvements,  shall  cause  the  expense  of  the  proceedings, 
and  all  damages  consequent  thereon,  to  be  paid  to  the  parties 
who  shall  be  entitled  thereto,  out  of  the  revenue  fund.  When- 
ever any  moneys  shall  have  been  paid  for  an  assessment,  and 
a  re-assessment  shall  be  made  the  amount  shall  be  credited 
on  such  re-assessment  to  the  property  on  which  the  assess- 
ment was  made ;  and  in  case  of  any  alteration  on  the  re- 
assessment, whereby  the  amount  so  paid  shall  exceed  the 
amount  re-assessed  on  the  same  property,  such  surplus  shall 
be  paid  to  the  person  who  shall  have  paid  the  same  ;  and  in 


Title  X. 


105  Department  of  Assessment. 


case  it  shall  be  insufficient  to  pay  the  amount  re-assessed,  the 
deficiency  shall  be  collected  in  the  same  mauner  as  other 
assessments. 

§  17.  Whenever  the  boundaries  of  any  of  the  wards  of  the 
City  of  Brooklyn  shall  have  been  altered  by  the  board  of  ald- 
ermen of  said  city  in  pursuance  of  law,  the  board  of  assessors 
may  provide  new  maps  -for  the  wards  so  altered,  and  the 
money  required  for  such  purpose,  if  no  other  fund  be  appli- 
cable, shall  be  taken  from  the  revenue  fund  of  said  city. 
Ch.  671,  Laws  of  1893. 


TITLE  XI. 

DEPARTMENT  OF  POLICE  AND  EXCISE. 

Section  1.  The  head  of  the  department  of  police  and  excise 
shall  be  the  commissioner  of  police  and  excise,  who  shall  have 
sole  and  exclusive  control  and  management  as  head  of  said 
department  of  all  matters  of  police  as  hereinafter  provided. 
He  shall  be  appointed  by  the  mayor  as  hereinbefore  provided. 
His  term  of  office  shall  be  for  two  years,  to  commence  on  the 
first  day  of  February  next  succeeding  his  appointment.  He 
shall  receive  an  annual  salary  of  five  thousand  dollars. 

§  2.  There  shall  be  two  commissioners  of  excise  who  shall 
be  appointed  by  the  mayor  as  hereinbefore  provided.  Their 
term  of  office  shall  be  for  two  years,  to  commence  on  the  first 
day  of  February  next  succeeding  their  appointment.  They 
shall  each  receive  an  annual  salary  of  two  thousand  five  hun- 
dred dollars.  The  said  two  commissioners  of  excise  shall  act 
in  all  matters  relating  to  excise  with  the  commissioner  of  po- 
lice and  excise,  and  in  respect  to  all  matters  of  excise,  but 
not  of  police,  shall  each  possess  the  same  power  as  the  said 
<»mmissioner  of  pohce  and  excise,  who,  nevertheless,  shall  be 
president  of  the  commissioners  of  excise  and  the  head  thereof. 
See  Ch.  271,  Laws  of  1893.  as  to  salaries  of  commis- 
sioners of  excise. 

§  3.  The  said  department  shall  have  the  management  and 
control  of  all  matters  relating  to  the  police  and  excise,  sub- 
ject, however,  to  the  ordinances  of  the  common  council  and 
the  laws  of  the  State . 

§  4.  The  police  force  shall  consist  of  a  superintendent,  one 
clerk  or  secretary  to  said  superintendent,  inspectors,  captains, 
sergeants,  detective  sergeants,  roundsmen,  patrolmen,  bridge- 
keepers,  doormen,  the  telegraph  superintendent,  telegraph 
operators  and  linemen.  The  commissioner  of  police  and  ex- 
cise shall  have  'power,  subject  to  the  approval  of  the  mayor^ 
to  appoint  as  many  inspectors,  sergeants,  detective  sergeants, 
roundsmen,  bridgekeepers  and  telegraph  operators  as  he  shall 
deem  expedient,  and  the  bridgekeepers  shall  receive  the  same 


Police  and  Excise. 


108 


Title  XI. 


salary  as  patrolmen,  shall  be  governed  bv  the  same  rules  as 
to  promotion  as  now  relate  to  patrolmen  and  shall  possess 
the  same  rights  and  privileges  as  other  members  of  the 
force.  The  number  of  patrolmen  shall  not  exceed  the  num- 
ber authorized  by  law,  unless  th«  common  council  of  the 
City  of  Brooklyn  shall  b}'  resolution,  upon  the  application  of 
the  commissioners  of  ix)h'cG  and  excise,  authorize  a  greater 
number,  in  which  case  they  shall  not  exceed  the  number  fixed 
in  such  resolution,  and  such  resolution  may  be  passed  by  the 
common  council  f'om  time  to  time  as  that  body  may  deem 
expedient.  And  in  case  of  an  addition  to  the  number  or 
compensation  of  the  police  force  or  department,  the  comp 
troUer  of  the  City  of  Brooklyn  shall  issue  certificates,  bearing 
interest,  for  any  sum  not  already  raised  for  payment  of  the 
force  or  department  accordingly,  and  a  sum  sufficient  for  the 
payment  of  the  certificates  so  issued  shall  be  inserted  in  the 
succeeding  tax  levy  of  the  City  of  Brooklyn,  and  upon  the 
collection  thereof  said  certificates  shall  be  paid.  The  com- 
missioner of  poHce  and  excise  shall  appoint  all  members  of 
the  police  force,  clerks  and  employes  and  shall  fill  all  vacan- 
cies in  the  police  force  or  police  department  as  often  as  they 
occur.  The  telegraph  superintendent,  telegraph  operators 
and  telegi'aph  linemen,  except  that  they  shall  not  be  liable  to 
patrol  duty,  shall  be  subject  to  all  rules  of  the  department 
and  possess  the  same  rights  and  privileges  as  other  members 
of  the  force.  Whenever,  by  the  death,  resignation  or  dis- 
missal of  any  person  attached  to  the  said  telegraph  bureau, 
any  position  shall  become  vacant  in  said  bureau,  the  commis- 
sioner of  police  and  excise  shall  fill  the  same  by  appointing 
thereto  one  of  the  members  of  the  uniformed  police. 

Chap.  695,  Laws  of  1893. 
See  Ch.  158,  Laws  of  1889. 
Ch.  317,  Laws  of  1893. 

?  5.  The  grade  of  the  members  of  the  police  force  who  are 
patrolmen  shall  be  as  lollows  :  All  such  members  who  shall 
have  served  three  years  or  upwards  on  said  force  as  patrol- 
men shall  be  members  of  the  first  grade ;  all  such  members  who 
have  served  on  such  force  for  less  than  three  years  and  more 
than  one  year  shall  be  members  of  the  second  grade,  and  all 


Title  XI. 


109 


Police  and  Excise. 


other  members  who  are  patrolmen  on  said  force  shall  be 
members  of  the  third  grade,  and  all  persons  appointe*!  patrol- 
men shall,  on  their  appointment,  become  members  of  the 
third  grade.  Whenever  any  member  of  tbe  third  grade  shall 
have  done  service  therein  for  one  year  he  shall  be  advanced 
to  the  second  grade,  and  whenever  amy  member  of  the  second 
grade  shall  have  done  service  therein  for  one  year  he  shall  be 
advanced  to  the  first  grade.  The  annual  pay  or  compensa- 
tion of  the  members  of  the  police  force  shall  be  fixed  by  a 
majority  of  all  the  members  of  the  board  of  estimate"  of  the 
City  of  Brooklyn,  and  shall  not  be  less  than  the  salaries  now 
paid  to  said  patrolmen  and  doormen,  nor  greater  than  the 
following,  namely :  for  patrolmen  of  the  first  grade,  at  a  rate 
not  to  exceed  twelve  hundred  dollars  per  annum  each ;  for 
patrolmen  of  the  second  grade,  at  a  rate  not  to  exceed  eleven 
hundred  dollars  per  annum  each ;  for  patrolmen  of  the  third 
grade,  at  a  rate  not  to  exceed  one  thousand  dollars  per  an- 
num each  ;  for  members  of  the  police  force  who  are  doormen, 
at  a  rate  not  to  exceed  nine  hundred  dollars  per  annum  each. 
The  paj^  or  compensation  aforesaid  shall  be  paid  monthly  to 
each  person  entitled  thereto,  subject  to  such  deductions  each 
month  from  the  salary,  compensation  and  pay  of  members  of 
the  force  as  are  or  shall  be  authorized  by  law. 

§  6.  The  commissioner  of  police  and  excise  of  the  City  of 
Brooklyn  is  hereby  authorized,  by  and  with  the  consent  and 
approval  of  a  majority  of  the  board  of  estimate  of  said  city 
and  County  of  Kings,  to  fix  the  salary  of  the  sup^  rintendent 
of  police  of  said  city  at  an  amount  not  less  than  four  thousand 
nor  more  than  five  thousand  doUars  per  annum,  and  fix  the 
salaries  of  the  inspectors  of  police  of  said  city  at  an  amount 
not  less  than  two  thousand  five  hundred  nor  more  than  three 
thousand  five  hundred  dollars  per  annum,  and  fix  the  salaries 
of  the  captains  of  police  of  said  city  at  an  amount  not  less  than 
two  thousand  dollars  nor  more  than  two  thousand  seven  hun- 
dred and  fifty  doUai'S  per  annum,  also  to  fix  the  salaries  of 
sergeants  of  police  of  said  cit}^  at  an  amount  not  less  than 
fifteen  hundred  dollars  nor  more  than  two  thousand  dollars 
per  annum,  also  to  fix  the  salaries  of  all  detectives  attached  to 
the  police  department  of  said  city  at  au  amount  not  less  than 


Police  and  Excise. 


110 


Title  XI. 


fifteen  hundied  dollars  per  annum,  and  said  detectives  shall 
be  known  under  and  by  tbe  name  of  detective  sergeants,  and 
shall  rank  tbe  same  as  all  other  sergeants  of  police  and  after 
five  years  continuous  service  as  such  shall  be  eligible  for 
promotion  in  the  entire  police  force  of  said  city  under  the 
same  rules  and  conditions  applicable  to  the  promotion  of  all 
other  sergeants  of  police  in  said  city  :  also  to  fix  the  salaries 
of  the  roundsmen  of  said  city  at  an  amount  not  less  than 
eleven  hundred  dollars  nor  more  than  twelve  hundred  dollars 
per  annum. 

Chap.  225,  Laws  of  1892. 

See  Chap.  525,  Laws  of  1889. 
jf  7.  The  said  commissioner  of  police  and  excise  shall  divide 
said  city  into  precincts,  not  exceeding  one  precinct  to  each  of 
the  thirty-six  of  the  patrolmen  authorized  to  be  appointed. 
The  said  commissioner  may  also  establish  sub-precincts  and 
assign  therelo  such  sergeants,  doormen,  roundsmen,  det**ctive 
sergeants  and  patrolmen  as  he  may  deem  sufficient,  and  shall 
appoint  a  telegi'aph  superintendent,  telegraph  operators  and 
one  assistant  telegraph  operator.  He  shall  appoint  as  many 
captains  of  police  as  there  may  be  precincts  and  assign  one* 
captain  and  sergeants,  roundsmen,  jDatrolmen,  detective  ser- 
geants and  doormen  to  each  precinct.  He  shall  also  appoint 
a  counsel  and  fix  his  compensation,  which  shall  uoc  exceed 
twenty-five  hundred  dollars,  and  appoint  as  many  mounted 
sergeants  as  he  shall  deem  expedient ;  he  shall  also  appoint, 
not  to  exceed  five  sm'geons,  who,  except  that  they  shall  not 
be  liable  to  patrol  duty,  shall  be  subject  to  all  the  rules  of 
the  department  and  possess  the  same  rights  and  privileges  as 
other  members  of  the  force.  But  all  appointments  hereafter 
made  of  patrolmen  shall  be  made  for  a  probationary  period 
of  six  months.  At  the  expii-ation  of  such  probationary  period 
the  commissioners  shall  appoint  to  a  permanent  position  all 
persons  whom,  during  such  probationary  period,  he  shall  as- 
certain to  be  competent  to  fill  the  position  of  patrolmen. 

Ch.  695,  Laws  of  1893. 

See  Ch.  451,  Laws  1892 

Ch.  246,  Laws  1893. 
^  8.  The  commissioner  of  police  and  excise  shall  detail  a  suit- 
able patrolmen*  to  the  docks,  wharves  and  piers  situated 
*  bo  in  original. 


Title  XL 


111 


Police  and  Excise. 


between  Division  avenue,  extending  in  a  straight  line  to  the 
East  river,  and  the  United  States  nav}^  yard,  and  to  the 
waters  situated  easterly  of  a  straight  line  drawn  from  the 
shore  line  of  said  avenue  to  the  shore  line  at  said  navy  yard ; 
and  shall  also  detail  a  suitable  patrolmen*  to  the  docks, 
wharves  and  piers  extending  from  the  north  end  of  Gowanus 
canal,  between  Baltic  and  Douglass  streets,  and  along  both 
sides  of  said  canal  in  a  southerly  line  to  the  mouth  of  said 
Gowanus  canal  at  Gowanus  bay,  and  said  patrolmen,so  detailed 
in  the  absence  of  the  harbor  master  of  the  district,  shall  be 
vested  with  and  have  all  the  powers  that  are  vested  in  the  har- 
bor masters  of  the  port  of  New  York,  in  an  act  to  provide  for 
the  appointment  of  a  captain  of  the  port  of  New  York,  and 
harbor  masters  of  the  port  of  New^  York,  and  defining  and 
regulating  the  powers  and  duties  and  compensation  of  said 
officers,  passed  May  fourth,  eighteen  hundred  and  eighty- 
three,  and  being  chapter  three  hundred  and  fifty-seven  of  the 
laws  of  eighteen  hundred  and  eighty-three.  But  the  powers, 
duties  and  jurisdiction  vested  in  such  patrolmen,  shall  apply 
only  to  the  docks,  wharves  and  piers  situated  within  the 
above-described  boundaries  or  district,  and  only  in  the  absence 
of  the  harbor  master  of  the  district,  when  they  shall  be  exer- 
cised by  the  patrolmen*  exclusively,  and  by  no  other  person. 

§  9.  The  commissioner  of  police  and  excise  shall  have 
power  to  make  such  rules,  regulations  and  orders  for  the 
government  of  the  police  force  as  he  may  deem  proper.  He 
shall  promulgate  all  regulations  and  orders  to  the  forct 
through  the  superintendent,  who  shall  have  the  direction  and 
control  of  said  force,  subject  to  the  rules,  regulations  and 
orders  of  the  said  commissioner  ;  but  in  times  of  peril,  dan- 
ger, riot  or  disorder,  or  apprehension  thereof,  the  said  com- 
missioner shall  be  subordinate  to  the  mayor  and  obey  his 
orders  and  directions  for  the  time  being,  anything  in  this  act 
contained  to  the  contrary  notwithstanding. 

§  10.  The  members  of  the  police  force  and  the  different 
officers  named  shall  respectively  receive  the  following  rate  of 
compensation  per  year  for  their  services ;  the  superintendent, 
four  thousand  dollars  ;  each  inspector,  two  thousand  five  hun- 
dred dollars ;  each  captain  of  police,  two  thousand  dollars  j 
*  So  in  original. 


Police  and  Excise. 


11-2 


Title  XI. 


each  serf,^eant,  one  thousand  five  hundred  dollars ;  each  de- 
tective attached  to  the  police  department  of  said  city,  fifteen 
hundred  dollars  ;  each  roundsman,  one  thousand  one  hun- 
dred dollars ;  each  patrolman,  one  thousand  dollars ;  each 
police  surgeon,  one  thousand  two  hundred  and  fifty  dollars ; 
■each  doorman,  eight  hundred  dollars,  and  all  patrolmen  shall 
receive  dufing  their  first  3'ear  of  service  seven  hundred  and 
fifty  dollars,  and  thereafter  an  increase  of  fifty  dollais  per 
annum,  until  the  salary  of  each  shall  amount  to  one  thousand 
dollars  per  annum. 

Oh.  525,  Laws  of  1889. 

J?  11.  No  member  of  the  department  of  police  and  excise 
shall,  for  his  own  benefit,  share  in  any  present,  fee,  gift  or 
emolument  for  police  services,  additional  to  his  regular  salary 
or  compensation. 

§  12.  The  commissioner  of  police  and  excise,  for  meritorious 
and  extraordinary  services  rendered  by  any  member  of  the 
police  force  in  the  due  discharge  of  his  duty,  may  permit  any 
member  of  the  police  force  to  retain,  for  his  own  benefit,  any 
reward  or  oresent  tendered  him  therefor,  and  it  shall  be  cause 
•of  removal  from  the  police  for  any  member  thereof  to  receive 
-any  such  reward  or  present  without  notice  thereof  to  the  said 
commissioner.  Upon  receiving  said  notice  the  said  commis- 
sioner may  either  order  the  said  member  to  retain  the  same, 
or  shall  dispose  of  it  for  the  benefit  of  the  police  pension 
fund. 

^  13.  The  expenses  of  the  department  shall  be  paid  in  the 
«ame  manner  as  those  of  other  departments.  Each  member 
•of  the  police  force  in  such  department  shall  hold  office  dur. 
ing  his  good  behavior  and  shall  be  liable  to  removal  therefrom 
only  after  written  charges  shall  have  been  preferred  against 
him,  according  to  the  rules  and  regulations  of  the  depart- 
;ment,  and  the  same  shall  have  been  publicly  heard  and 
examined,  as  prescribed  in  section  two,  title  three,  of  this 
act,  and  after  notice  thereof  by  the  said  department,  in  the 
manner  to  be  prescribed  by  said  rules  and  regulations,  except 
that  any  member  of  the  police  force  who  shall,  after  quahfy- 
Ang  for  office,  accept  any  additional  place  of  public  trust  or 


Title  XI. 


113 


Police  and  Excise. 


civil  emolument,  or  who  shall,  during  his  term  of  office,  be 
pubhcly  nominated  for  any  office  elective  by  the  people,  and 
shall  not  witbin  ten  days  succeeding  the  same  publicly 
decline  tbe  said  nomination,  shall  be  deemed  thereby  to  have 
vacated  his  office.  No  person  shall  be  appointed  a  member 
of  the  police  force  who  has  ever  been  convicted  of  felony  or 
who  is  not  a  citizen  of  the  United  States  or  who  cannot 
understandingly  read  and  write  the  English  language  or  who 
shall  not  have  resided  within  the  State  one  year  next  preced- 
ing his  appointment. 

Ch.  280,  Laws  of  1889. 

^  14.  No  member  of  the  said  police  force,  under  penalty  of 
forfeiting  the  salary  or  pay  which  may  be  due  to  him,  shall 
withdraw  or  resign,  except  by  permission  of  the  commis- 
sioner. Unexplained  absence  without  leave  of  any  member 
of  the  said  police  for  five  days  shall,  at  the  option  of  said 
commissioner,  be  deemed  and  held  to  be  a  resignation  by 
such  member  and  accepted  as  such. 

^  15.  The  commissioner  of  police  and  excise  shall  have 
power,  in  his  discretion,  on  conviction  of  a  member  of  the 
force,  for  any  criminal  offense,  or  neglect  of  duty,  or  violation 
of  rules,  or  neglect  or  disobedience  of  orders,  or  incapacity, 
or  absence  without  leave,  or  any  conduct  injurious  to  the 
pubUc  peace  or  welfare,  or  immoral  conduct  or  conduct  un- 
becoming an  officer,  or  other  breach  of  discif)line,  t(>^  punish 
the  offending  party  by  repremand,  forfeiture  and  withholding 
pay  for  a  specified  time,  or  dismissal  from  the  force.  In  case 
of  punishment  by  forfeiture  and  withholding  pay,  no  more 
than  thirty  days'  pay  shall  be  forfeited  and  withheld  for  any 
offense.  A  writ  of  certiorari  to  review  a  determination  by 
the  commissioner  of  police  and  excise  or  the  commissioner  of 
the  fire  department  of  the  City  of  Brooklyn,  to  remove  a  per- 
son employed  on  the  police  or  fire  department  forces  of  said 
city,  for  cause,  must  be  granted  and  served  within  thirty  days 
after  notice  to  him  of  such  removal. 
Ch.  673,  Laws  of  1893 
See  Ch.  467,  Laws  of  1887. 

?  16.  The  mayor  of  the  City  of  Brooklyn,  is  hereby  re- 
invested with  the  powers  conferred  upon  the  mayors  of  cities. 


Police  and  Excise. 


114 


Title  XI. 


by  article  four,  title  five,  chapter  ten,  part  first  of  the  revised 
statutes,  in  resi3ect  to  requiring  the  services  of  the  military  iu 
aid  of  the  civil  authorities,  to  quell  riots,  suppress  insurrec- 
tions, protect  property  and  preserve  public  tranquility,  and 
the  said  commissioner  shall  not  exercise  said  power  within 
such  city. 

§  17.  The  said  oommissioner  of  police  and  excise,  whenever 
expedient,  shall,  on  the  application  of  any  corporation  or  per 
son  or  persons  showing  the  necessity  thereof,  detail  regular 
patrolmen  of  the  poliee  force,  or  appoint  and  swear  any  addi- 
tional number  of  special  patrolmen  of  the  police  force,  to  do 
special  duty  at  any  place  within  the  said  city,  upon  the  cor- 
poration, person  or  persons,  by  whom  the  application  shall  be 
made,  paying  for  the  use  of  the  city,  not  exceeding  the  same 
rate  per  diem  of  service  on  such  detail  of  special  duty  as  is 
paid  to  regular  members  of  the  force  ;  but  the  patrolmen  so 
additionally  and  specially  appointed  shall  be  subject  to  the 
orders  of  the  superintendent,  and  shall  obey  the  rules  and 
regulations  of  the  said  department,  and  conform  to  its  gen 
eral  discipline  and  to  such  special  regulations  as  may  be 
made,  and  shall  wear  such  dress  or  emblems  as  the  said  com- 
missioner may  direct,  and  shall,  during  the  term  of  their 
holding  appointment,  possess  all  tht  powers,  privileges  and 
discharge  all  duties  of  the  Brooklyn  police  force  applicable  to 
patrolmen.  Thef  person  so  appointed  may  be  removed  at  any 
time  by  the  said  commissioner  without  assigning  any  cause 
therefor,  upon  notice  to  the  person  or  persons  who  applied 
for  the  appointment  as  aforesaid. 

§  18.  The  said  commissioner  may  also,  upon  any  emergency 
or  apprehension  of  riot,  tumult,  mob,  insurrection,  pestilence 
or  invasion,  appoint  as  many  special  patrolmen  from  among 
the  citizens  as  it  may  seem  desirable,  who  may  be  paid  the 
same  rate  per  diem  as  is  paid  to  regular  members  of  the 
force ;  and  during  the  service  of  any  special  patrolmen,  au- 
thorized as  aforesaid,  they  shall  possess  all  the  powers,  privi- 
leges and  perform  all  the  duties  that  may  be  by  orders,  rules 
and  regulations  of  said  department  from  time  to  time  pre- 
scribed. Every  such  special  patrolman  shall  wear  a  badge  to 
be  prescribed  and  furnished  by  the  said  commissioner. 


/ 


Title  XI  115  Police  and  Excise. 

§  19.  All  criminal  process  issuing  out  of  any  court,  or  from 
any  justice  or  judge  in  the  City  of  Brooklyn,  shall  be  served 
by  member  of  the  poHce  force  and  not  otherwise ;  and  it 
shall  be  a  misdemeanor  for  any  person  not  being  a  regular 
member  of  the  police,  established  of  any  city  in  this  vState,  or 
a  member  of  the  Brooklyn  police  force,  or  a  constable  of  this 
State,  or  a  police  constable,  or  assistant  police  constable  or  a 
sheriff,  or  one  of  the  usual  general  deputies  of  any  sherift*  of 
this  State,  to  serve  any  criminal  process  within  the  City  of 
Brooklyn . 

§  20.  The  members  of  the  said  police  force  shall  further- 
more possess  in  every  part  of  this  State  all  the  common-law 
and  statutory  powers  of  constable,  except  for  the  service  of 
civil  process,  and  any  warrant  of  search  or  arrest  issued  by 
any  magistrate  of  this  State  may  be  executed  iu  any  part 
thereof  by  any  member  of  the  said  police  force,  and  all  the 
provisions  of  section  seven,  eight  and  nine  of  chapter  two, 
title  two,  part  four  of  the  revised  statutes,  in  relation  to  the 
giving  and  taking  of  bail,  shall  apply  to  any  arrest  made  as 
aforesaid. 

§  21.  The  said  commissioner  shall  detail  so  many  patrol- 
men as  shall,  in  his  judgment,  be  necessary  to  attend  all 
courts  transacting  criminal  business  in  this  city. 

§  22.  The  said  commissioner  shall  have  power  to  issue 
subpoenas  to  compel  the  attendance  of  witnesses  upon  any 
proceedings  authorized  by  the  rules  and  regulations  of  the 
department.  The  commissioner  of  police  and  excise,  the 
superintendent,  the  inspectors  and  the  chief  clerk  and  deputy 
clerk  of  the  department  are  hereby  authorized  and  empowered 
to  administer  affirmations  and  oaths  to  any  person  sum- 
moned and  appearing  in  any  matter  or  proceeding  authorized 
as  aforesaid,  or  to  take  any  depositions  necessary  to  be  made 
under  the  orders,  lules  and  regulations  of  the  department  or 
for  the  purposes  of  this  act.  Any  wilful  and  corrupt  false 
swearing  by  any  witness  or  person  to  any  material  fact  in 
any  proceeding  under  the  said  orders,  rules  and  regulations, 
or  under  these  provisions,  shall  be  deemed  perjury  and  pun 
iahed  in  the  manner  now  prescribed  by  law  for  such  offense- 


Police  and  Excise. 


116 


Title  XI. 


J?  23.  Upon  the  present  itioii  of  satisfcict)ry  projf  of  due 
service  of  such  subpoenn,  and  a  faihire  to  obey  the  same,  or 
of  a  refusal  by  any  person  appearing  before  said  commis- 
sioner to  take  oath  or  affirmation  or  to  answer  any  proper 
question,  it  shall  be  the  duty  of  any  justice  of  the  supreme 
court  or  judge  of  the  city  court  of  Brooklyn  to  whom  the 
same  shall  be  presented  to  issue  an  order  returnable  at  an 
earl}'  day  requiring  the  person  so  failing  or  refusing  to  show 
cause  why  an  attachment  should  not  issue  against  him,  and 
to  adopt  other  and  further  measures  to  compel  the  witness 
to  appear  and  testify,  and  to  punish  disobedience,  as  if  the 
mattei"  were  legally  pending  in  said  courts. 

§  24.  The  said  commissioner  shall  have  power  to  erect, 
operate  and  maintain,  under  the  general  laws  of  the  State 
relating  to  telegraphs,  all  such  lines  of  telegraph  between 
such  places  in  the  City  of  Brooklyn  as  shall  be  required  for 
the  purposes  and  business  of  the  department.  Said  commis 
sioner  shall  be  furnished  with  all  such  instruments,  fixtures, 
property  and  materials,  upon  his  requisition,  as  the  common 
council  shall  determine,  and  the  messenger  to  the  superin- 
tendent of  police  at  his  present  salary  shall  rank  as  a 
member  of  the  uniform  force  of  said  department  and  shall 
be  entitled  to  all  privileges  and  immunities  thereof.  The 
common  council  shall  also  furnish  to  the  department,  on 
the  requisition  of  said  commissioner,  a  suitable  vessel  to 
carry  such  force  as  may  be  required  to  protect  the  shores  of 
the  cit3^  In  addition  to  such  crews  as  he  jnay  deem  necessary 
for  said  vessel,  the  said  commissioner  shall  have  power  to 
detail  not  to  exceed  three  patrolmen  as  pilots  upon  said  ves- 
sel, and  said  patrolmen  so  detailed  as  pilots  shall,  during  the 
time  they  shall  be  so  detailed,  have  the  grade  and  receive 
the  compensation  of  sergeants  of  the  police  force  of  said  city. 
No  patrolman  shall  be  so  detailed  until  he  shall  have  passed 
such  examination  as  to  his  qualifications  for  the  position  of 
pilot  of  said  vessel  as  the  commissioner  shall  direct.  Each  of 
said  patrolmen  shall  during  such  times  as  he  shall  be  so  detailed 
be  in  full  charge  and  command  of  said  vessel,  subject,  how- 
ever, to  the  rules  and  regulations  of  the  department.  The 
said  patrolmen  so  detailed  shall  hold  said  grade  and  compen- 


Title  XI. 


117 


Police  and  Excise. 


sation  at  the  pleasure  of  the  commissiouer.  And  the  police 
department  may  make  arrests  on  the  waters  adjoining  the 
city  for  any  crime  committed  along  the  shores,  or  in  or  upon 
any  pier,  wharf,  bulkhead  or  basin,  or  upon  any  vessel 
attached  to  or  anchored  within  the  same.  All  the  courts  of 
criminal  jurisdiction  in  the  City  of  Brooklyn  shall  have  juris- 
diction to  hold  and  punish  all  persons  so  arrested. 
Cb.  109,  Laws  of  1893. 

^  25.  It  is  hereby  made  the  duty  of  the  said  police  force,  at  all 
times  of  tlay  and  night,  within  said  City  of  Brooklyn,  and  the 
members  of  such  force  are  hereby  thereunto  empowered  to 
especially  preserve  the  public  peace,  prevent  crime,  detect 
and  «rrest  offenders,  suppress  riots,  mobs  and  insurrections, 
disperse  unlawful  and  dangerous  assemblages  and  assem- 
blages wliich  oDstruct  the  free  passage  of  public  streets,  side- 
walks, parks  and  places,  protect  the  right  of  persons  and 
property,  guard  the  public  health,  preserve  order  at  elections 
and  all  public  meetings  and  assemblages,  prevent  and  regu- 
late the  movement  of  teams  and  vehicles  in  streets,  remove  all 
nuisances  in  the  public  streets,  parks  and  highways,  arrest 
all  street  mendicants  and  beggars,  provide  proper  police  at- 
tendance at  fires,  assist,  advise  and  protect  emigrants, 
strangers  and  travellers  in  public  streets,  at  steamboat  and 
ship  landings,  and  at  railroad  stations,  carefully  observe  and 
inspect  all  places  of  public  amusements,  all  x^laces  of  business 
having  excise  or  other  licenses  to  carry  on  business,  all  houses 
of  ill- fame  or  prostitution,  and  houses  where  common  prosti- 
tutes resort  or  reside,  all  lottery  offices,  policy  shops  and 
places  where  lottery  tickets  or  lottery  policies  are  sold  or 
offered  for  sale,  all  gamblinjr  houses,  cock  pits,  rat  pits  and 
pubUc  common  dance  houses,  and  to  repress  and  restrain  all 
unlawful  or  disorderly  conduct  or  practices  therein,  enforce 
and  prevent  the  violation  of  all  laws  and  ordinances  in  force 
in  said  city ;  and  for  these  purposes,  with  or  without  warrant, 
to  arrest  all  persons  guilty  of  violating  any  law  or  ordinance 
for  the  suppression  or  punishment  of  crime  and  offences. 

§  26.  The  superintendent,  inspector  and  each  captain  of 
police,  within  his  precinct,  shall  possess  powers  of  general 
police  supervision  and  inspection   over   all  pawnbrokers. 


Police  and  Excise. 


118 


Title  XI. 


vendei'F,  junk  shop  keepers,  junk  boattnen,  cartraen  and 
dealers  in  second-band  merchandise  :  intelligence  office  keepers 
and  auctioneers  within  said  police  district,  and  in  the  exercise 
of  and  in  the  furtherance  of  said  supervision  may,  from  time  to 
time,  empDwer  members  of  the  police  force  to  fulfill  such 
special  duties  in  the  aforesaid  premises  as  ma^-  be,  from  time 
to  time,  ordered  by  the  commissioner  of  police  and  excise. 
The  superintendent,  inspectors  and  each  captain,  within  his 
precinct,  may,  by  authority  in  writing,  empower  any  member 
of  the  police  force,  whenever  such  member  shall  be  in  search 
of  property  feloniously  obtained  or  in  search  of  suspected 
offenders  or  evidence  to  convict  uny  person  charged  with 
crime,  to  examine  the  books  of  any  pawnbroker  or  his  busi 
ness  premises,  or  the  business  premises  of  any  vendor  or 
junk  shop  keeper  or  dealer  in  second  hand  merchandise  or 
intelligence  office  keeper  or  auctioneer  ov  boat  of  any  junk 
boatman.  Any  such  member  of  the  police,  when  thereto  author, 
ized  in  writing,  as  aforesaid,  shall  be  authorized  to  examine 
property  alleged  to  be  pawned,  pledged,  deposited,  lost  or 
stolen,  in  whosoever  possession  said  property  may  be,  but  no 
such  property  shall  be  taken  from  the  possessor  thereof 
without  due  process  or  authority  of  law.  Any  wilful  inter- 
ference with  the  said  superintendent,  with  any  inspector  or 
captain  of  police  or  with  any  member  of  the  police  while  in 
official  discharge  of  duty  shall  be  punished  as  a  misde- 
meanor. 

§  27.  If  any  member  of  said  force,  or  if  any  two  or  more 
householders  shall  report  in  writing,  under  his  or  their  sig- 
nature, to  the  superintendent  of  police  that  there  are  good 
grounds  (and  stating  the  same)  for  believing  that  any  house, 
room  or  premises  within  the  said  ;f  olice  district  is  kept  or 
used  as  a  common  gaming  house,  common  gaming  room  or 
common  gaming  premises  for  therein  plajang  for  wagers  of 
money  at  any  game  of  chance,  or  to  be  kept  for  lewd  or 
obscene  purposes  and  amusement,  or  the  deposit  or  sale  of 
lotter}^  tickets  or  lottery  policies,  it  shall  be  lawful  for  the 
superintendent  of  police  to  authorize  in  writing  any  member 
or  members  of  the  police  force  to  enter  the  same,  who  may 
forthwith  arrest  all  persons  there  found  offending  against 


Title  XI. 


119 


Police  and  Excise, 


law,  but  none  others,  and  seize  all  implements  of  gaming  or 
lottery  tickets  or  lotteiy  policies,  and  convey  any  person  so 
arrested  before  a  magistrate  and  bring  the  articles  so  seized 
to  the  office  of  the  said  department.  It  shall  be  the  duty  of 
the  said  superintendent  of  police  to  cause  such  arrested  per- 
sons to  be  prosecuted  and  such  articles  seized  to  be  destroyed, 
as  the  orders,  rules  and  regulations  of  the  department  shall 
direct. 

§  28.  The  several  members  of  the  police  force  shall  have 
power  and  authority  to  arrest  without  warrant  and  to  take 
into  custody  any  person  who  shall  commit,  or  threaten  or 
attempt  to  commit,  in  the  presence  of  such  member  or  within 
his  view,  any  breach  of  the  peace  or  offense  directly  prohib- 
ited by  an  act  of  the  legislature  or  by  any  ordinance  of  the 
City  of  Brooklyn  :  but  such  member  of  the  police  force  shall^ 
under  the  penalty  of  ten  days'  line  or  dismissal  from  the 
force,  in  the  discretion  of  the  commissioner  of  the  police  and 
excise,  immediately  upon  such  arrest,  convey  such  offender 
before  a  magistrate  of  the  City  of  Brooklyn,  to  be  dealt  with 
according  to  law.  If  the  arrest  is  made  during  the  hours 
the  magistrate  does  not  regularly  hold  court,  or  if  the  magis- 
trate is  not  holding  court,  such  offender  shall  be  detained  in 
a  station  house  until  the  next  public  sitting  of  the  magistrate, 
and  no  longer,  and  shall  then  be  conveyed  without  delay 
before  the  magistrate,  to  be  dealt  with  acccraing  to  law, 

§  29.  It  shall  be  a  misdemeanor,  punishable  by  imprison- 
ment in  the  Kings  County  penitentiary  for  not  less  than  one 
year  and  not  exceeding  two  years,  or  by  a  fine  of  not  less 
than  two  hundred  and  fifty  dollars,  for  any  person  without 
justifiable  or  excusable  cause,  to  use  or  incite  any  other  per- 
son to  use  personal  violence  upon  any  elector  on  any  election 
day  in  the  City  of  Brooklyn,  or  upon  any  member  of  the  po- 
lice force  thereof  when  in  the  discharge  of  his  duty,  or  for 
any  member  of  the  police  force  to  wilfully  neglect  making 
any  arrest  for  an  offense  against  the  law  of  this  State,  or 
ordinance  in  force  in  the  said  city,  or  for  any  person 
not  a  member  of  the  poUce  force  to  falsely  represent  himself 
as  being  such  a  member,  with  a  fraudulent  design  upon  per- 
sons or  property,  or  upon  any  day  or  time  to  have,  use,  wear 


1 


Police  and  Excise.  120  Title  XI 

or  display,  without  authority,  any  shield,  buttons,  wreaths, 
numbers  or  other  insignia  or  emblem,  such  as  are  worn  by 
the  said  police. 

§  30.  Any  person  arrested  by  the  police  may  be  taken  be- 
fore a  magistrate  on  Sunday,  at  the  usual  place  of  holding 
his  court,  for  the  purpose  of  being  bailed  in  proper  cases 
until  the  next  public  sitting  of  such  magistrate,  then  to  be 
taken  before  him  to  be  dealt  with  according  to  law. 

§  31.  In  every  case  of  arrest  by  any  member  of  the  said 
police  force,  the  Fame  shall  be  made  known  immediately  to 
his  superior  upon  duty  in  the  precinct  wherein  the  arrest 
was  made  by  the  person  making  the  same :  and  it  shall  be 
the  duty  of  the  said  superior,  within  twenty-four  hours  after 
such  notice,  to  make  written  returns  thereof,  according  to 
the  rules  and  regulations  of  the  said  department,  with  the 
name  of  the  party  arrested,  the  alleged  offense,  the  time  and 
place  of  arrest  and  the  place  of  detention. 

§  32.  No  person  holding  office  under  this  title  shall  be  lia- 
ble to  military  or  jury  duty,  or  to  arrest  on  civil  process,  nor 
to  service  of  subpoena  from  civil  courts  while  actually  on  duty. 

<f  33.  The  sui^ermtendent  of  police  shall  make  to  the  com 
missioner  of  police  and  excise  quarterly  reports  in  writing  of 
the  state  of  the  said  police  force  of  the  City  of  Brooklyn, 
with  such  statistics  and  suggestions  as  he  may  deem  advisa- 
ble to  submit,  for  the  improvement  of  the  police  government 
and  discipline  of  the  said  force. 

§  34.  The  said  commissioner  shall  cause  to  be  kept  books 
of  record  of  the  police  force,  of  persons  arrested  for  offences, 
of  complaints  against  policemen,  and  the  judgment  of  the 
commissioner  thereupon,  of  time  lost  by  patrolmen,  of  ac- 
counts of  moneys  received  and  expended,  and  for  what  pur- 
pose expended,  of  proceedings  of  the  department,  of  suspected 
persons  and  places,  and  of  the  property  placed  in  his  charge 
and  of  telegraph  offices,  and  all  such  other  books  and  records 
in  and  for  the  department,  and  in  and  for  the  several  station 
houses,  as  shall  be  required  by  the  business  of  the  department. 

§  35.  Every  member  of  the  police  force  shall  have  issued  to 
him  by  the  said  commissioner  a  proper  warrant  of  appoint- 


Title  XI. 


121 


Police  and  Excise. 


ment,  signed  by  the  said  commissioner  and  by  the  chief  clerk 
or  first  deputy,  which  warrant  shall  contain  the  date  of  his 
appointment  and  his  rank. 

§  36.  The  common  council  shall  make  suitable  provisions 
respecting  security  to  be  entered  into  by  the  commissioner 
and  officers  and  employes  of  said  department,  for  the  faithful 
performance  of  their  respective  duties.  Each  member  of  the 
police  force  and  employes  of  the  department  shall  take  an 
oath  of  office  and  subscribe  the  same  before  an  officer  of  said 
police  who  is  empowered  to  administer  an  oath. 

§  37.  It  shall  be  the  duty  of  said  commissioner  to  detail  on 
each  day  of  election  within  the  City  of  Brooklyn,  at  least  two 
patrolmen  to  each  election  poll. 

§  38.  The  said  commissioner  shall  take  charge  of  and  dis- 
tribute all  ballot  boxes  for  use  at  general,  special  and  charter 
elections,  and  retain  the  custody  of  said  boxes,  except  during 
the  taking,  receiving  and  counting  the  votes. 

§  39.  It  shall  not  be  lawful  for  any  person  or  persons  to 
erect,  maintain,  occupy  or  have  any  booth,  box  or  structure, 
for  the  distribution  of  ballots  at  any  election,  within  one  hun- 
dred and  fifty  feet  of  any  polling  place,  and  it  shall  be  the 
duty  of  the  police  force,  or  any  members  thereof,  to  prevent 
any  booth  or  box  or  structure  for  the  distribution  of  tickets 
at  any  election  from  being  erected  or  maintained  within  one 
hundred  and  fifty  feet  of  any  polling  place  within  the  city 
aforesaid,  and  to  summarily  remove  any  such  booth,  box  or 
structure,  or  close  and  prevent  the  use  thereof. 

§  40.  The  duties  of  the  police  surgeons  and  the  extent  and 
bounds  of  their  districts  shall  be  assigned,  from  time  to  time, 
by  the  orders,  rules  and  regulations  of  the  department. 

§  41.  The  commissioner  of  police  and  excise  of  the  City  of 
Brooklyn,  and  the  commissioners  of  the  sinking  fund  of  said 
city,  are  hereby  constituted  a  board  of  trustees  of  the  police 
pension  fund  created  by  this  act.  They  shall  organize  as 
such  board  by  choosing  one  of  their  number  to  be  chair- 
man and  by  appointing  a  secretary.  The  treasurer  of  the 
board  of  police  and  excise  shall  be  treasurer  of  the  board  of 
trustees.    Such  board  of  trustees  shall  have  charge  of  and 


Police  and  Excise. 


12-2 


Title  XI. 


adminster  said  fund,  and  from  time  to  time  invest  the  same 
or  any  part  thereof  as  they  shall  deem  most  beneficial  to  said 
fund,  and  are  empowered  to  make  all  necessary  contracts  and 
take  all  necessary  and  proper  actions  and  proceedings  in  the 
premises,  and  to  make  payments  from  said  fund  of  pensions 
granted  in  pursuance  of  this  act,  and  also  pensions  now 
charged  on  said  fund  by  or  under  existing  laws,  and  said 
board  of  trustees  shall  be  the  legal  successors  of  the  trustee 
or  trustees  of  the  police  life  insurance  fund.  The  said  trus- 
tees shall,  from  time  to  time,  establish  such  rules  and  regu- 
lations for  the  administration  of  the  police  pension  fund  as 
they  may  deem  best.  They  shall  report  in  detail  to  the  com- 
mon council  of  the  City  of  Brooklyn,  annually,  in  the  month 
of  January,  the  condition  of  the  police  pension  fund,  and  the 
items  of  their  receipts  and  disbursements  on  account  of  the 
same.  No  payments  whatever  shall  be  allowed  or  made  by 
said  trustees  as  reward,  gratuity  or  compensation  to  any  per- 
son for  salary  or  services  rendered  to  or  for  said  board  of 
trustees.  The  police  pension  fund  and  all  moneys,  securities, 
revenues  and  income  thereof,  in  whose  hands  soever  the  same 
may  be,  shall  be  paid  over  and  delivered  on  demand  to  the 
trustees  of  said  fund  hereby  constituted,  and  shall  consist  of : 

1.  The  capital,  income,  interest,  dividends,  cash  deposits, 
secui'ities  and  credits  now  belonging  to  said  police  life  insur- 
ance fund,  with  the  addition  thereto  from  time  to  time  of — 

2.  Twenty  per  centum  of  all  moneys  paid  into  the  treasury 
of  excise  for  Hcenses  or  fines ; 

3.  All  fines  imposed  by  the  commissioner  of  police  and  ex- 
cise upon  the  members  of  the  police  force  ;  and 

4.  All  rewards,  gifts,  fees,  testimonials  and  emoluments 
that  may  be  presented,  paid  or  given  to  any  member  of  the 
police  force  for  account  of  police  service,  except  such  as  shall 
be  allowed  by  the  commissioner  of  police  and  excise  to  be  re- 
tained by  said  members  ;  and 

5.  All  lost  or  stolen  moneys  remaining  in  the  hands  of  the 
property  clerk  for  the  space  of  one  year,  and  for  which  there 
shall  be  no  lawful  claimant,  and  moneys  arising  from  the  sale 
by  said  property  clerk  of  unclaimed  property  :  and 


Title  XI. 


123 


Police  and  Excise. 


6.  A  sum  of  mone}-  equal  to  lifty  cents  per  month  for  each 
member  of  tbe  ix)lice  force  and  attache  of  the  police  depart- 
ment, to  be  paid  monthly  by  the  comptroller  of  the  City  of 
Brooklyn  to  the  treasurer  of  the  board  of  trustees  of  the 
police  pension  fund  from  moneys  deducted  from  the  pay  of 
members  and  attaches  of  said  force  on  account  of  lost  time: 

7.  The  sum  of  three  dollars  per  day,  or  for  any  portion  of 
a  day,  for  each  member  of  the  police  force  or  attache  of  the 
police  department  Avhose  service  may  be  required  by  any 
corporation,  association,  person  or  persons  whatsoever  for  the 
performance  of  any  police  duty  (except  in  criminal  cases) 
outside  of  the  City  of  Brooklyn,  which  sum  in  each  and  every 
case  shall  be  paid  to  the  treasurer  of  the  boai-d  of  trustees  of 
the  police  pension  fund  for  the  benefit  of  said  fund.  The 
board  of  estimate  in  the  City  of  Brooklj'n  is  hereby  author- 
ized and  directed  from  time  to  time,  by  resolution  of  said 
board,  to  appropriate  to  the  police  pension  fund  from  the 
excise  moneys  derived  by  the  commissioners  of  excise  from 
hcenses  for  the  sale  of  intoxicating  liquors  twenty  per  centum 
of  the  moneys  so  derived,  and  the  comptroller  of  said  city 
shall  draw  his  warrant  therefor  in  favor  of  the  trustees  of  the 
said  poHce  pension  fund,  and  the  treasurer  of  s  .id  city  shall 
pay  such  wai-rants  out  of  the  said  moneys  received  for  said 
licenses  : 

8.  A  sum  of  money  equal  to,  but  not  greater  than  one  per 
centum  of  the  monthly  pay,  salai-y  or  compensation  of  each 
member  of  the  pohce  force  shall  be  deducted  monthly  by  the 
comptroller  of  the  City  of  Brooklyn  from  the  pay.  salary  or 
compensation  of  each  and  every  member  of  the  police  force, 
and  the  said  comptroller  is  hereby  authorized,  empowered 
and  directed  to  deduct  the  said  sum  of  money  as  aforesaid 
and  forthwith  to  pay  the  same  to  the  treasurer  of  the  police 
pension  fund  ;  provided,  however,  that  any  attache  of  the  said 
police  department  who,  at  the  time  of  the  passage  of  this  act, 
shall  have  serv^ed  seven  years  and  upwards  upon  the  said  poHce 
force  shall  be  entitled  to  the  benefits  of  the  pro^•isions  of  this 
act  upon  the  payment  by  him  of  a  sum  of  money  equal  to 
one  per  centum  of  the  monthly  pay,  salary  or  compensation 
of  .the  said  attache,  as  hereinbefore  provided  for  in  the  case 


Police  and  Excise. 


124 


Title  XI. 


of  members  of  the  police  force.  All  the  moneys  derived  from 
sources  mentioned  in  this  section  shall  be  paid  over,  to  the 
officers  and  persons  having  the  collection  or  custody  of  the 
same,  to  the  trustees  of  the  said  police  pension  fund  and 
shall  belong  to  and  be  invested  as  portions  of  said  fund  : 

9.  Fifty  per  centum  of  all  the  moneys  paid  to  the  city 
clerk  for  or  on  account  of  dog  licenses.  And  no  part  of  the 
moneys,  securities,  revenues  or  incomes  of  the  police  pension 
fund  as  now  constituted  by  law  shall  hereafter  be  diverted 
from  the  purposes  for  which  said  fund  was  created  and 
collected. 

See  Sec.  9,  Ch.  338,  Laws  of  1893. 

^  42.  The  commissioner  of  police  and  excise  shall  have 
power  to  grant  pensions,  as  hereinafter  provided,  to  any 
member  of  the  police  force  or  attache  of  the  police  depart- 
ment, to  be  paid  from  the  police  pension  fund  by  the  board 
of  trustees  thereof,  as  follows  : 

1.  To  the  widow  of  any  member  of  the  police  force  or 
attache  of  the  ix)lice  department  who  shall  have  been  killed 
while  in  the  actual  performance  of  police  duty,  or  shall  have 
died  from  the  effects  of  any  injury  received  whilst  in  the  actual 
discharge  of  such  duty,  or  who  has  died  or  shall  hereafter 
die,  after  ten  years  of  service  in  the  ]3olice  department  in  the 
City  of  Brooklyn,  provided  such  death  shall  not  have  been 
caused  by  misconduct  on  his  part,  a  sum  not  to  exceed  three 
hundred  d  ollar's  per  annum. 

2.  To  any  child  or  children  under  eighteen  years  of  age  of 
such  member  of  the  police  force  or  attache  killed  or  dying  as 
aforesaid,  but  leaving  no  widow,  or  if  a  widow,  then  after  her 
■death  to  such  child  or  children  being  yet  under  eighteen 
years  of  age,  such  pension  as  the  department  of  police  and 
excise  shall  from  time  to  time  award  and  order,  not  to  exceed 
the  sum  of  three  hundred  dollars  per  annum. 

3.  To  any  such  member  of  the  police  force  or  attache  of 
said  police  department  who,  whilst  in  the  actual  performance 
of  poUce  duty  and  by  reason  of  the  performance  of  such  duty, 
and  without  fault  or  misconduct  on  his  part,  shall  have  be- 
■come  perfectly  disabled,  physically  or  mentally  so  as  to  be 


Title  XI. 


125 


Police  and  Excise. 


unfitted  to  perform  full  police  duty,  a  sum  not  to  exceed  three 
hundred  dollars  per  annum. 

4.  To  any  such  member  of  the  police  force  or  at. ache  of 
the  said  police  department  who  shall,  after  ten  years'  mem- 
bership, become  superannuated  by  age  or  rendered  incapable 
of  performing  full  police  duty  by  reason  of  disabilty  or 
disease  contracted  without  misconduct  on  his  pai't,  a  sum  not 
to  exceed  three  hundred  dollars  per  annum. 

5.  To  any  such  member  of  the  police  force  or  attache  of  said 
police  department  who  shall,  after  fifteen  years'  of  member- 
ship, become  superannuated  by  age  or  rendered  incapable  of 
performing  full  police  duty  by  reason  of  disability  or  disease 
conti-acted  without  misconduct  on  his  part,  a  sum  not  to 
exceed  four  hundred  dollars  per  annum. 

6.  Any  such  member  of  the  police  force  or  attache  of  said 
police  department  who  has  or  shall  have  performed  police 
duty  for  a  period  of  twenty  years  or  upwards,  shall,  upon  his 
own  application  in  writing,  be  retired  from  service  and 
placed  upon  the  police  pension  roll,  and  thereupon  shall  be 
awarded,  granted  and  paid  from  said  police  pension  fund  by 
the  trustees  thereof  an  annual  sum  during  his  lifetime  equal 
to  one-half  the  full  pay  of  a  member  of  said  police  force  of 
the  rank  of  the  member  so  retired,  provided,  that  in  the  case 
of  any  attache  of  said  police  department,  he  shall  have  served 
for  not  less  than  seven  years  as  a  member  of  ce  force 
of  said  department  to  entitle  him  to  the  benefit  of  the  pro- 
visions of  this  section. 

7.  In  every  case  mentioned  in  subdivisions  three,  four  and 
five  of  this  section  the  said  commissioner  of  police  and  excise 
shall  determine  the  circumstances  thereof  in  his  discretion 
and  may  order  the  retirement  from  service  and  the  payment 
of  the  pensions  mentionsd  in  this  title,  but  only  after  the 
certificates  and  recommendations  of  the  surgeons  in  writing 
shall  be  on  file,  as  required  by  the  provisions  of  section  forty- 
one  of  this  title,  under  such  rules  and  regulations  as  he  may 
prescribe,  but  all  payments  on  account  of  said  police  pension 
fund  shall  be  made  quarterly  by  check  or  draft  upon  the 
trustees  of  said  fund,  signed  as  said  trustees  may  direct. 

8. *  Pensions  to  widows  shall  terminate  when  the  widow 
shall  remarry,  and  pensions  to  children  shall  terminate  when- 


Police  and  Excise. 


126 


Title  XI. 


ever  the  cliildreu  shall  respectively  arrive  at  the  age  of 
eighteen  years.  The  commissioner  of  police  and  excise  may, 
in  his  discretion,  order  any  pensions  granted  or  any  part 
thereof  to  cease,  except  to  members  of  the  police  force  and 
attaches  retired  after  twenty  years*  service,  as  provided  in 
this  section,  but  in  all  such  cases  the  said  commissioner  shall 
file  with  the  trustees  of  the  police  pension  fund  a  written 
statement  of  the  causes  which  determined  him  in  ordering 
any  pension  so  to  cease,  and  nothing  herein  contained  shall 
render  the  granting  or  payment  of  such  pensions  obligatory 
on  the  said  commissioner  or  upon  the  trustees  of  the  said 
fund  or  chargeable  as  a  matter  of  right  upon  the  said  fund, 
except  as  provided  in  subdivision  six  of  this  section. 

<?  43.  In  determining  the  term  of  service  of  any  member  of 
the  police  force  or  attache  of  the  police  department,  service 
in  the  former  metropolitan  police  department  and  subse- 
quently in  the  police  department  of  the  City  of  Brooklyn  shall 
be  counted  and  held  to  be  police  service  in  the  police  depart- 
ment  of  the  City  of  Brooklyn.  No  member  of  the  police  force 
or  attache  of  the  police  department  shall  be  awarded,  granted 
or  paid  a  pension  on  account  of  physical  or  mental  disability, 
or  disease,  unless  upon  the  certificate  and  recommendation  of 
the  board  of  surgeons  of  the  department  of  police  and  excise, 
which  shall  set  forth  in  detail  the  cause,  nature  and  extent  of 
the  disability,  disease  or  injury  of  each  member  of  the  police 
force,  or  attache  of  the  police  department  who  may  be  placed 
upon  the  pension  roll  and  said  certificate  shall  distinctly  state 
whether  or  not  such  disability,  disease  or  injury  was  incurred 
-or  sustained  by  said  member  of  the  police  force,  or  attache,  in 
the  performance  of  police  duty  and  without  misconduct  on 
his  part,  and  such  certificate  shall  in  each  case  be  filed  with 
and  entered  upon  the  minutes  of  the  trustees  of  the  police 
pension  fund. 

§  44.  All  property  or  money  alleged  or  supposed  to  have 
been  feloniously  obtained,  or  which  shall  be  lost  or  abandoned, 
and  which  shall  be  thereafter  taken  into  custody  of  any  mem- 
ber of  the  police  force,  or  which  shall  come  into  the  custody 
of  any  police  justice,  shall  be  by  such  member  or  justice 
.given  into  the  custody  of  and  kept  by  the  said  commissioner ; 


Title  XI. 


127 


Police  and  Excise. 


and  all  such  property  and  money  shall  be  particularly  regis- 
tered in  a  book  kept  for  that  purpose  which  shall  contain, 
also  a  record  of  the  names  of  the  persons  from  whom  such 
property  or  money  was  taken,  the  names  of  all  claimants 
thereto,  the  time  of  the  seizure  and  any  final  disposition  of 
such  property  or  money. 

§  45.  Whenever  property  or  money  shall  be  taken  from 
persons  arrested  and  shall  be  alleged  to  have  been  feloniously 
obtained,  or  to  be  the  proceeds  of  crime,  and  whenever  so 
brought  with  such  claimant  and  person  arrested  before  some 
magistrate  for  adjudication,  and  the  magistrate  shall  be  then 
and  thej  e  satisfied  from  evidence  that  the  person  arrested  is 
innocent  of  the  offense  alleged,  and  that  the  property  right- 
fully belongs  to  him,  then  said  magistrate  may  thereupon,  in 
writing,  order  such  property  or  money  to  be  returned,  and 
the  said  commissioner  shall  deliver  such  property  or  money 
to  the  accused  person  himself,  and  not  the  attorney,  agent  or 
clerk  of  such  accused  person. 

^  46  If  any  claim  to  the  ownership  of  such  property  or 
money  shall  be  made  on  oath  before  the  magistrate,  by  or 
in  behalf  of  any  other  person  than  the  person  arrested,  and 
the  said  accused  person  shall  be  held  for  trial  or  examina- 
tion, such  property  or  money,  or  so  much  thereof  as  may,  in 
the  judgment  of  the  district  attorney,  be  necessarj^  shall  re- 
main in  the  custody  of  the  said  commissioner  until  the  dis- 
charge or  conviction  of  the  person  accused. 

§  47.  All  propert}^  or  money  taken  on  suspicion  of  having 
been  feloaiously  obtained,  or  being  the  proceeds  of  crime, 
and  for  which  there  is  no  other  claimant  than  the  person 
from  whjm  such  property  was  taken,  and  all  lost  property 
coming  into  possession  of  any  member  of  said  police  force, 
and  all  property  and  money  taken  from  pawnbrokers  as  the 
proceeds  of  crime,  or  by  auv  such  member  from  persons  sup- 
posed to  be  insane,  intoxicated  or  otherwise  incapable  of  tak- 
ing care  of  themselves,  shall  be  transmitted  as  soon  as  prac- 
ticable to  the  said  commissioner,  to  be  duly  registered  and 
advertised,  for  the  benefit  of  all  parties  interested  and  for  the 
information  of  the  public,  as  to  the  amount  and  disposition 
of  the  property  so  taken  into  custody  by  the  police. 


Police  and  Excise.  128 


Title  XI. 


§  48.  All  of  said  property  that  shall  be  determined  by  the 
said  commissioner  to  be  perishable  shall  be  sold  at  public 
auction,  aftor  bavin been  advertised  for  throe  consecutive 
days  in  a  corporation  newspaper,  and  all  of  said  property  not 
determined  by  said  commissioner  to  be  perishable,  shall  be 
so  advertis'^d  and  sold  after  the  same  has  remained  in  his 
custody  for  the  j^eriod  of  six  months  without  any  lawful 
claimant  thereto  :  and  the  proceeds  of  the  sale  of  said  perish- 
able property,  after  the  expiration  of  six  months  from  the  sale 
so  remaining  unclaimed,  with  the  proceeds  of  the  sale  of  said 
other  propei-ty,  immediately  after  its  sale,  tosfether  with  any 
money  remaining  in  his  custody  unclaime'^  for  six  months, 
shall  be  paid  into  the  police  pension  fund. 

§  49.  If  any  property  or  money  'placed  in  the  custody  of 
the  said  commissioner  shall  be  desired  as  evidence  in  any 
pohce  or  other  criminal  court,  such  property  shall  be  deliv- 
ered to  any  officer  vpho  shall  present  an  order  to  tliat  effect 
from  such  court :  such  property,  however,  shall  not  be  re- 
tained in  said  court,  but  shall  be  returned  to  said  commis 
sioner  to  be  disposed  of  as  hereinbefore  provided. 

§  50.  The  said  commissioner  shall,  at  all  times,  cause  the 
ordinances  of  the  City  of  Brooklyn,  not  in  conflict  with  the 
provisions  herein  contained,  to  be  properly  enforced ;  audit 
shall  be  his  duty  at  all  times,  whenever  consistent  with  the 
rules  and  regulations  of  the  department,  and  with  the  re- 
quirements of  this  act,  to  furnish  all  information  desired. 

^  51.  The  said  commissioner  shall  have  authority  to  offer 
rewards  to  induce  all  classes  of  persons  to  give  iuformation 
which  shall  lead  to  the  detection,  arrest  and  convection  of 
persons  guilty  of  homicide,  arson  or  receiving  stolen  goods, 
knowing  them  to  be  stolen.  Such  reward  shall  be  paid  from 
the  "  reward  fund,"  which  fund  shall  be  formed  by  investing 
from  moneys  deducted  from  the  pay  of  members  of  the  police 
force  on  account  of  lost  time,  at  a  rate  not  exceeding  fifty 
cents  per  month  for  said  members  respectively,  to  which 
shall  be  added  all  sums  subscribed  or  contributed  by  insur- 
ance companies  and  other  citizens,  and  which  shall  be  f)aid 
into  the  treasury  and  kept  as  a  separate  fund,  to  be  called 
the  "  reward  fund."    The  trustees  of  the  police  pension  fund 


Title  XI. 


129  Police  and  Excise. 


shaU  be  the  trustees  of  said  fund  and  shall  invest  and 
manage  the  same  and  have  the  same  powers  in  relation 
thereto  as  are  confen-ed  on  them  by  law  in  relation  to  the 
police  pension  fund. 

j  52.  The  owner,  agent  or  lessee  of  a  steam  boiler  or 
boilers  or  steam  generator  or  generators  in  use  in  the  City  of 
Brooklyn  or  upon  floats,  lighters,  barges,  canal  boats  or  other 
similar  vessels  attached  to  the  docks,  piers  or  wharves  of  the 
City  of  Brooklyn,  shall  annually,  and  at  such  time  and  in 
such  manner  and  such  form  as  may  by  rules  and  regulations 
be  made  therefor  by  the  commissioner  of  police  and  excise  of 
the  City  of  Brooklyn,  report  to  the  said  commissioner  the 
locality  of  such  steam  boiler  or  boilers  or  steam  generator  or 
generators  :  where  the  owners  of  the  steam  boiler  or  boilei-s 
or  steam  generator  or  generators  is  a  corporation  having  its 
main  office  in  the  City  of  Brooklyn  and  the  steam  boiler  or 
boilers  or  steam  generator  or  generators  is  or  are  in  use  upon 
a  floats  li.i^hter,  barge,  canal  boat  or  other  similar  vessel 
attached  to  the  docks,  piers  or  wharves  of  the  City  of  Brook- 
1yd,  the  said  steam  boiler  or  boilers  or  steam  generator  or 
generators  shall  be  inspected  under  the  direction  of  the  com- 
missioner of  police  and  excise,  as  herein  provided ;  where  the 
managinLT  owner  or  owners  of  the  steam  boiler  or  boilers  or 
steam  generator  or  generators  in  use  as  aforesaid  is 
a  i>ersou  or  persons  other  than  a  corporation  residing 
in  the  City  of  Brooklyn,  the  said  steam  boiler  or  boilers 
steam  generator  or  generators,  shall  be  inspected  under  the 
direction  of  the  commissioner  of  police  and  excise  as  herein 
provided  ;  upon  receiving  the  report  of  the  owner,  agent  or 
lessees  as  aforesaid  the  said  commissioner  shall  forthwith  as 
soon  as  practicable  cause  to  be  inspected  such  steam  boiler  or 
boilers  or  steam  generator  or  generators,  and  all  apparatus 
or  appliances  connected  therewith,  but  no  pei*son  shall  per- 
form such  duties  unless  he  be  a  practical  engineer,  and  the 
strength  and  security  of  each  boiler  shall  be  tested  by  hydro- 
static pressure,  and  the  superintendent  of  steam  boilers,  or 
the  inspectors,  shall  limit  the  pressure  of  steam  to  be  applied 
to  or  upon  such  boiler  or  steam  generator,  certifying  each 
inspection  and  such  limit  of  pressure  to  the  owner  or  owners 


Police  and  Excise. 


130 


Title  XL 


of  the  boiler  or  steam  generator  inspected,  and  also  to  the 
engineer  in  charge  of  the  same  :  and  no  greater  amount  of 
steam  or  pressure  than  that  certified  in  the  case  of  any  boiler 
or  steam  generator  shall  be  applied  thereto.  In  limiting  the 
amount  of  pressure  wherever  the  boiler  or  steam  generator 
under  test  will  bear  the  same,  the  limit  desired  by  the  owner 
agent  or  lessee  of  the  boiler  or  steam  generator  shall  be  the 
one  certified.  Every  owTier,  agent  or  lessee  of  a  steam  boiler 
or  boilers  in  use  in  the  Cit}'  of  Brooklyn  shall,  for  the  inspect- 
ing and  testing  of  such  boiler,  or  each  of  such  boilers,  as  pro- 
vided for  in  this  act,  and  upon  receiving  from  the  superin- 
tendent of  boilers  a  certificate  setting  forth  the  location  of 
the  l^oiler  inspected,  the  date  of  such  inspection,  the  persons 
by  whom  the  inspection  was  made  and  the  limit  of  steam  or 
pressure  which  shall  be  applied  to  or  upon  such  boiler  or 
each  of  such  boilers,  pay  annually  to  the  commissioner  of 
police  and  excise  for  each  boiler  or  generator,  for  the  use  of 
the  police  pension  fund,  the  sum  of  two  dollars,  such  certifi- 
cate to  continue  in  force  for  one  year  from  the  granting 
thereof,  when  it  shall  expire,  unless  sooner  revoked  or  sus- 
pended. Such  certificate  may  be  renewed  upon  the  payment 
of  a  like  sum,  and  on  like  conditions  to  be  applied  to  a  like 
purpose.  A  certificate  issued  under  the  provisions  of  this  act 
shall  exempt  the  boiler  or  steam  generator  described  therein 
from  any  further  inspection  throughout  the  State  until  the 
expiration  of  said  certificate.  The  provisions  of  this  act  shall 
not  apply  to  any  steam  boiler  or  generator  used  for  heating 
in  public  schools  or  private  dwellings. 

Ch.  350,  Laws  of  1894. 

See  Ch.  118,  Laws  of  1891. 

?  53.  The  said  commissioners  shall  preserve,  in  proper 
form,  a  correct  record  of  all  inspection  of  steam  boilers  and 
of  the  amount  of  steam  or  pressure  allowed  in  each  case,  and 
in  cases  where  any  steam  boiler  or  the  appliances  or  apparatus 
connected  therewith  shall  be  deemed  b}^  the  commissioner* 
after  inspection,  to  be  insecure  or  dangerous,  he  shall  pre- 
scribe such  changes  and  alterations  as  may  render  such 
boilers,  apparatus  and  appliances  secure  and  devoid  of  dan- 
ger.   And  in  the  meantime,  and  until  such  changes  and 


Title  XI. 


131 


Police  and  Excise; 


alterations  are  made  and  such  appliances  attached,  siicb 
boiler,  apparatus  and  appliances  may  be  taken  under  the 
control  of  said  commissioner  and  all  persons  prevented  from 
using  the  same,  and,  in  cases  deemed  necessar}^  the  appli- 
ances, apparatus  or  attachments  for  the  limitation  of  pressure 
ma}^  be  taken  under  the  control  of  the  said  commissioner,  and 
no  owner  of  any  steam  boiler  or  his  agent  shall  act  or  employ 
any  person  as  engineer  without  their  having  a  certificate  as 
to  qualification  from  practical  engineers,  to  be  countersigned 
by  the  said  commissioner. 

§  54.  Any  person  applying,  or  causing  to  be  apphed,  to* 
any  steam  boiler  a  higher  pressure  of  steam  than  that  limited 
for  the  same,  in  accordance  with  the  provisions  of  this  act, 
shall  be  guilty  of  a  misdemeanor,  and  whenever  any  owner  of 
any  steam  boiler  in  the  City  of  Brooklyn  shall  fail  or  omit  to 
have  the  same  reported  for  inspection,  as  provided  for  hy 
this  act,  such  boiler  may  be  taken  under  the  control  of  the 
said  commissioner  and  all  persons  prevented  from  using  the 
same  until  it  can  be  satisfactorily  tested,  }is  herein  provided 
for,  and  the  owner  shall,  in  such  case,  be  charged  with  the 
expense  of  so  testing  it.  For  the  purpose  of  carrying  out 
the  provisions  of  the  last  two  sections,  the  said  commissioner 
shall  appoint  a  superintendent  of  ste'^m  boilers,  who  shall  be 
a  practical  engineer,  and  who  shall  examine  all  applicants  for 
certi6cates  as  engineers  and  shall  superintend  a,nd  direct  the 
inspection  of  all  steam  boilers,  steam  generators  and  appur- 
tenances, as  provided  for  in  this  act,  and  the  said  commis- 
sioner shall  also  appoint  not  to  exceed  six  boiler  inspectors, 
who  shall  l)e  skilled  machinists.  The  said  superintendent 
and  inspectors  shall  possess  the  same  rights  and  privileges 
as  members  of  the  police  force. 
Ch.  118,  Laws  of  1891. 

Sections  55,  56,  57  and  58  repealed  bv  Chapter  373 
Laws  of  1889. 

§  59.  It  shall  be  the  duty  of  every  member  of  said  police 
iorce  to  arrest  all  persons  found  actually  engaged  in  the  com- 
mission of  an  oflfense  in  violation  of  the  excise  laws,  and 
lorthwith  to  earn  such  persoi  before  some  m agist <:^i.te,  to  be 
dealt  with  according  to  law  :  and  if  such  olfense  be.iutoxica- 


Police  and  Excise 


132 


Title  Xr 


tion,  and  such  magifltrat«  shall,  after  due  examination,  deem 
the  person  brought  before  him  too  much  intoxicated  to  be 
examined  or  to  answer  on  oath  correctly,  he  shall  direct  the 
member  of  the  pohce  force  who  made  the  arrest  to  keep  said 
person  in  some  jail,  lock-up,  or  other  safe  and  convenient 
place,  until  he  shall  become  sober,  and  thereupon  forthwith 
to  bring  him  before  said  magistrate. 

§  60.  The  commissioners  of  excise  shall  have  the  powers 
and  perform  the  duties  which  are  nowconfeired  upon  boards 
of  commissioners  of  excise  in  this  State  under  the  provisions 
of  an  act  entitled :  **  An  act  regulatiufj;  the  sale  of  intoxicating 
liquors,"  passed  April  eleventh,  eighteen  hundred  and  seventy. 

^  61.  The  department  shall,  subject  U)  the  provision  of 
of  said  act  and  to  the  ordinance  of  the  common  council,  pro- 
vide for  the  granting  of  licenses  to  sell  intoxicating  liquors, 
to  persons  to  whom  such  licenses  shall  be  given,  the  amount 
of  the  fee  for  license,  in  all  cases,  and  the  regulations  under 
which  the  persons  licoiisetl  may  sell. 

§  62.  The  said  dei)artment  is  hereby  empowered  to  grant 
licenses  in  the  manner  and  form  as  may  be  directed  by  tho 
common  council,  or  as  in  default  thereof  the  said  department 
may  determine,  and  it  shall  be  its  duty  to  enforce  the  pro- 
visions of  the  excise  laws  and  of  any  ordinance  of  the  common 
council  in  respect  t«»  the  matter,  to  report  all  violations 
thereof  to  the  law  department  immediately,  with  the  facta 
and  evidence  of  such  violation. 

§  63.  The  commissioner  of  police  uud  excise  is  hereby 
authorized  and  empowered  to  make  and  establish  suitable 
rules  and  regulations  for  all  public  buildings,  theatres  or 
other  places  of  amusement  that  he  may  deem  necessary  for 
the  protection  of  life.  Any  owner,  lessee,  manager,  agent  or 
other  person  in  charge  who  shall  violate  or  permit  the  vio- 
lation of  any  rule  or  regulation  established  by  said  commis- 
sioner, as  herein  provided,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  in  addition  thereto  shall  forfeit  and  pay  a 
penalty  of  one  hundred  duUais,  to  be  sued  for  and  recovered 
by-thacity. 


Title  XI. 


133 


Police  and  Excise. 


§  64  The  said  commissioDer  of  police  shall  appoint  suit- 
able persons  as  keepers  of  all  bridges  in  the  City  of  Brook- 
lyn, who  shall  perform  all  the  duties,  and  be  subject  to  the 
regulations  and  ordinances  of  the  common  council.  The 
said  persons  so  appointed  shall  be  under  the  direction  and 
control  of  the  commissioner  of  police  and  excise,  and  may  be 
superseded  at  any  time  by  the  said  commissioner. 

§  65  Whenever  the  commissioner  of  police  and  excise  in 
the  City  of  Brooklyn  shall  determine  that  any  of  the  real  or 
personal  property  of  the  department  of  police  and  excise  is 
not  required  for  its  purposes,  he  shall  file  with  the  comp- 
troller of  the  City  of  Brooklyn  a  list  of  such  property,  and 
within  thirty  days  thereafter  the  same  shall  be  disposed  of  as 
the  common  council  may  direct,  and  the  proceeds  thereof 
shall  be  paid  into  the  treasury  to  the  credit  of  said  depart- 
ment, and  may  be  drawn  by  the  said  commissioner  as  directed 
by  the  common  council,  for  the  purpose  of  purchasing  other 
real  or  personal  property  for  said  department,  as  may  be 
directed  by  said  common  council. 

§  66.  Whenever  the  commissioner  of  police  and  excise 
shall  be  of  opinion  that  any  member  of  the  police  force 
deserves  promotion  on  account  of  any  gallant  or  meritorious 
deed  in  the  discharge  of  his  duty,  the  commissioner  may 
recommend  thersaiil  promotion,  as  he  deems  fit  and  proper, 
to  the  mayor,  and  he  shall  transmit  with  such  recommenda- 
tion a  full  written  statement  of  the  deed  ujlon  which  such 
recommendation  is  based,  together  with  the  verified  state- 
ment of  at  least  two  witnesses  thereof,  if  there  be  such 
number,  together  with  the  complete  record  of  the  person 
recommended  since  his  appointment  in  the  department.  It 
shall  be  the  duty  of  the  mayor  to  examine  into  such  applica- 
tion and  the  statement  submitted  therewith,  and  if  he  be 
satisfied  that  the  deed  was  one  of  exceptional  gallantry  and 
bravery,  he  may  approve  in  writing  the  application  of  the 
commissioner,  and  may  consent  to  the  promotion  recom- 
mended or  to  a  promotion  of  lesser  degree.  And  upon 
approval  of  the  mayor,  as  aforesaid,  the  commissioner  hereby 
is  authorized  and  empowered  forthwith  to  promote  such 
member  as  such  promotion  may  be  approved  by  the  mayor, 


Police  aud  ExcUe. 


i.j-t 


Title  XI. 


provided  there  be  any  vjioancj',  and  if  there  be  no  vacancy 
then  existing,  it  shall  be  the  dut}^  of  the  commissioner  to 
write  the  name  of  such  member  upon  a  list,  which  shall  be 
.kept  in  the  department,  to  be  known  as  "  the  list  of  honor," 
together  with  the  date  of  the  approval  of  the  mayor  as  afore 
3aid,  and  the  promotion  to  which  he  is  entitled  ;  and  wheu- 
<ever  a  vacancy  occurs,  which  may  be  tilled  from  such  list,  it 
^hall  first  be  filled  from  such  list  in  order  of  seniority  there- 
on, and  said  commissioner  is  hereby  authorized  aud  em 
powered  to  make  such  promotion.    Such  promotions  as  are 
iiereby  authorized  shall  be  made  irrespective  of  any  other 
examination  or  qualitication  whatever  and  all  laws  and  regu 
lations  inconsistent  with  the  provisions  of  this  section  are 
liereby  expressly  repealed  as  far  as  they  condiot  with  its 
tj>rovisions. 

Ch.  580,  Laws  of  1893. 


TITLE  XII. 

DEPARTMENT    OF  HEALTH. 

Section  1  The  head  of  the  department  of  health  shall  be 
the  health  commissioner.  He  shall  be  appointed  by  the  mayor 
as  hereinbefore  provided.  His  term  of  office  shall  be  for  two 
years,  to  commence  on  the  first  day  of  February  next  succeed- 
ing his  appointment.  The  board  of  estimate  of  the  City  of 
Brooklyn  and  County  of  Kings  shall  have  power  to  fix  his 
salary  at  a  sum  not  exceeding  five  thousand  dollars  per 
annum. 

Ch.  307,  Laws  of  1890. 

§  2.  Said  health  commissioner  shall  have  power  to  act  in  a 
legislative  capacity  in  regard  to  all  matters  pertaining  to 
public  health,  the  removal  and  burial  of  the  dead,  the  main- 
tenance and  operating  of  an  ambulance  service  for  the  speedy 
removal  of  sick  and  needy  persons,  the  registration  of  births, 
marriages  and  deaths,  and  to  the  registration  of  vital  sta- 
tistics in  the  said  city,  and  to  make  such  rules  and  regulations 
and  such  appointments  of  officers  and  employes  as  he  may 
deem  necessary  for  the  proper  carrying  out  and  enforcement 
of  all  laws,  ordinances  and  codes  that  may  be  prescribed  for 
the  government  of  said  department  for  the  protection  of  the 
public  health,  and  for  the  proper  care  and  registration  of 
such  statistics. 

§  3.  The  said  health  commissioner  is  hereby  authorized 
and  directed  to  prepare  such  ordinances  as  he  shall  deem  to 
be  required  for  the  protection  of  the  public  health,  and  for 
securing  the  proper  registration  of  births,  marriages,  deaths, 
and  such  other  statistical  information  necessary  for  the  effi- 
cient working  of  the  department,  with  penalties  for  their 
violation,  which  ordinances  shall  be  by  him  submitted  to  the 
common  council,  and  when  approved  by  said  common  council 
shall  have  and  possess  the  same  power  and  effect  as  other 
ordinances  of  said  city,  and  shall  be  carried  out  and  executed 
by  said  health  commissioner.  No  ordinance,  so  prepared  and 
approved,  shall  be  repealed  or  amended  without  the  approval 
of  the  health  commissioner. 


Department  of  Health.  136 


Title  Xn. 


§  4.  Said  health  commissionei*  shall  have  exclusive  power 
to  appoint  a  secretary,  sanitary  superintendent,  register  of 
records,  and  vital  statistics  inspector,  and  such  other  officers 
and  employes  as  he  may  deem  proper  and  necessary  to  the 
efficient,  safe  and  economical  discharge  of  the  duties  by  this 
act  devolved  on  him,  and  to  fix  their  compensation  :  provid- 
ing, however,  that  the  whole  expense  of  admin isterin*?  said 
department  shall  not  exceed  the  sum  appropriated  therefor 
by  the  board  of  estimate,  and  all  expenditures  so  incurred, 
for  whatever  purpose,  shall  be  made  and  met  in  such  man- 
ner as  is  provided  for  in  other  departments  of  the  citj'^  gov- 
ernment. It  shall  be  the  duty  of  the  commissioner  of  police 
and  excise  to  execute  the  orders  of  the  health  commissioner 
when  so  rec(uested  by  him. 

5.  In  the  presence  of  great  and  imminent  ])eril  to  public 
health  of  the  City  of  Brooklyn  by  reason  of  impending  pesti- 
lence, it  shall  be  the  duty  of  said  commissioner  to  take  such 
measures  and  do  and  order  and  cause  to  be  done  such  acts, 
and  make  huch  expenditures  (beyond  those  duly  estimated 
for  as  provided)  for  the  preservation  of  the  public  health 
from  such  impending  pestilence  as  he  may,  in  good  faith,, 
declare  the  public  safety  and  health  to  demand,  and  the 
mayor  of  said  city,  and  the  president  of  the  medical  society 
of  Kings  CJounty,  shall  also  in  writing  approve.  And  suck 
peril  shall  not  be  deemed  to  exist  except  when  and  for  such 
period  of  time  as  the  mayor,  president  of  the  medical  society 
and  health  commissioner  shall  by  proclamation  declare. 

6.  The  said  health  commissioner  shall  have  full  power  to 
enforce  and  cariy  out  all  ordinances,  rules  or  regulations  for 
the  preservation  of  the  public  health,  and  for  the  registration, 
of  vital  statistics  as  are  now  or  may  be  hereafter  enacted  by 
the  common  council  of  the  City  of  Brooklyn,  in  the  manner 
prescribed  by  this  act,  and  to  prohibit  in  said  city  any  busi- 
ness or  practice  which  said  health  commissioner  shall  declare 
to  be  dangerous  or  detrimental  to  the  public  health.  But  no 
established  business  or  the  rights  to  property  of  any  person 
sfiall  be  interfered  with  or  prohibited,  until  the  offender  or 
offenders  therewith  charged,  shall  have  been  duly  summoned 
by  notice  ^  of  not  less  than  five  days,  to  appear  before  said 


Title  Xn. 


1 37         Department  of  Health. 


commissioner  to  show  cause  why  such  declaration  or  order  of 
prohibition  shall  not  be  enforced  against  the  said  party  or 
parties  charged  :  nov  until  they  shall  have  an  opportunity  to 
l)e  heard.  And  upon  the  rendition  of  the  decision  of  the  said 
commissioner,  that  said  business  or  practice  is  detrimental  to 
fhe  public  health,  the  said  person  or  persons  so  charged  shall 
have  the  right  of  appeal  from  such  decision  to  the  city  court 
of  Brooklyn,  upon  petition  reciting  the  said  charges  and 
decisions,  directed  to  the  said  city  court  of  Brooklyn,  a  copy 
of  which  petition  shall  be  duly  served  upon  the  said  commis- 
sioner within  five  days  from  the  rendition  of  his  said  decision. 
And  the  said  city  court  shall  proceed  to  a  hearing  and  deter- 
mination of  such  matter,  which  hearing  shall  be  by  trial  of 
the  issues  embraced  in  the  said  petition,  before  said  court, 
upon  such  day  as  the  said  court  shall  fix  at  its  then  existing 
or  first  term  thereafter  ;  and  the  decision  of  said  city  court 
in  said  matter  shall  be  final.  But  no  such  appeal  shall  be 
had  or  taken,  until  a  bond,  to  be  approved  by  the  court,  shall 
have  been  duly  filed  with  the  court,  conditioned  in  the  sum 
of  five  hundred  dollars,  that  the  said  appellant  will  pay  to  the 
said  commissioner,  all  costs  which  may  be  awarded  against 
such  appellant  or  appellants  in  case  the  decision  rendered  by 
the  said  commissioner  and  appealed  from,  shall  be  affirmed  by 
final  judgment. 

^  7.  The  department  of  city  works  in  conjunction  with  the 
<lepartment  of  health  shall  have  full  and  exclusive  power  to 
make  contracts  for  the  removal  of  all  oflfal,  dead  animals, 
night  soil,  garbage  or  other  refuse  matter  from  the  City  of 
Brooklyn  for  a  period  not  exceeding  five  years,  and  to 
require  and  receive  bonds  in  such  form  and  amount  as  the 
said  departments  jointly  may  approve,  for  the  faithful  per- 
formance by  the  person  or  persons  to  whom  such  contracts 
may  by  said  departments  in  their  discretion  have  been 
awarded,  of  all  and  every  of  the  provisions  of  such  contracts, 
and  to  cancel  and  revoke  all  contracts  made  by  them,  or 
which  may  be  entered  into  under  this  section,  as  well  as  all 
existing  contracts  for  the  removal  of  the  matters  aforesaid, 
whenever  the  contractor  shall  refuse  or  neglect  to  perform 
any  of  the  stipulations  of  such  contract. 


Department  of  Health.         1 38 


Title  Xn. 


§  8.  All  contracts  shall  be  signed  by  the  commissioners  of 
the  two  departments,  and  no  contract  shall  be  made  or  ter- 
minated except  by  the  concurrence  of  said  officers.  All  con- 
tracts when  so  made  shall  be  carried  out  and  executed  under 
the  supervision  and  control  of  the  commissioner  of  city  works, 
but  cognizance  shall  be  always  taken  of  any  complaint  of 
neglect  of  duty  on  the  part  of  a  contractor  when  made  by  the 
health  commissioner,  and  the  health  commissioner  may  at 
any  time  convene  a  joint  meeting  of  the  two  said  officers 
"whenever  in  his  opionion  any  contract  entered  into  is  not 
being  properly  carried  out  or  executed. 

§  9.  Every  master  and  journej'man  plumber  carrying  on 
his  trade  in  the  (Jity  of  Brooklyn,  shall,  under  the  rules  and 
regulations  prescribed  by  the  said  health  commissioner,  reg- 
ister his  name  and  address  at  the  said  department  of  health, 
and  it  shall  not  be  lawful  for  any  person  to  carry  on  the 
trade  of  plumbing  in  said  city  unless  his  name  and  address 
be  so  registered.  The  drainage  and  plumbing  of  all  build- 
ings in  said  city,  both  public  and  private,  shall  be  executed 
in  accordance  with  plans  previously  approved  in  writing  by 
said  health  commissioner.  Suitable  drawings  and  descrip- 
tions of  the  said  plumbing  and  drainage  shall  in  each  case 
be  submitted  and  placed  on  file  in  the  department  of  health. 
The  health  commissioner  is  also  authorized  to  receive  and 
place  on  file  drawings  and  descriptions  of  the  plumbing  and 
drainage  of  buildings  heretofore  erected.  Any  court  of 
record  in  said  city,  or  any  judge  or  justice  thereof,  shall  have 
power  at  any  time  after  the  service  of  notice  of  the  vio- 
lation of  any  of  the  provisions  of  this  section,  and  upon  the 
affidavit  of  the  health  commissioner,  to  restrain  by  injunction 
order,  the  further  progress  of  any  violation  of  the  provisions 
of  this  section,  or  of  any  work  upon  or  about  the  building  or 
premises  upon  which  the  said  violation  exists,  and  no  under- 
taking shall  be  required  as  a  condition  to  the  granting  or  is- 
suing of  any  such  injunction  or  by  reason  thereof.  Any  per- 
son violating  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor. 

§  10.  It  shall  be  the  duty  of  the  commissioner  of  police 
and  excise  to  direct  the  captain  of  each  police  precinct  in  the 


Title  XII.  139        Department  of  Health. 

dty  to  register  in  a  book  provided  for  that  purpose,  tke 
names  and  addresses  of  all  physicians  in  good  and  regular 
standing  within  said  precinct  who  shall  make  application  for 
such  registry,  and  shall  thereby  pledge  themselves  to  respond 
to  any  call  for  medical  attendance  made  as  hereinafter  de- 
scribed. Each  name  thus  registered  shall  be  submitted  to 
the  register  of  vital  statistics  of  the  department  of  health  of 
the  City  of  Brooklyn  whose  duty  it  shall  be  to  ascertain  and 
report  whether  said  physician  is  in  good  and  regular  stand- 
ing, and  to  transmit  a  certificate  to  such  effect  to  the  captain 
of  said  precinct,  and  only  upon  receipt  of  such  certificate 
shall  it  be  lawful  for  the  captain  of  the  said  precinct  to  em 
ploy  such  physicians  as  hereinafter  named.  The  names  and 
addresses  of  such  physicians  as  have  been  duly  certified  by 
the  register  of  vital  statistics,  shall  be  plainly  and  legibly 
written  or  printed  upon  a  bulletin  provided  for  that  purpose, 
which  bulletin  shall  be  placed  at  a  convenient  point  near  the 
captain's  desk  and  kept  open  to  the  inspection  of  all  persons 
w^thin  the  precinct  desiring  to  see  the  same.  Upon  the  ap- 
plication of  any  person  residing  within  the  said  precinct, 
whose  name  and  address,  together  with  the  name  and  address 
of  the  said  persons  desiring  and  needing  such  attendance, 
and  the  date  of  the  application  shall  be  duly  registered  in  a 
book  kept  open  for  that  purpose,  it  shall  be  the  duty  of  the 
captain,  or  any  other  officer  at  the  desk,  in  the  absence  of  any 
expressed  preference  by  the  applicant,  to  select  from  the  list 
of  physicians  thus  registered  the  name  of  the  physician  re- 
siding nearest  the  residence  of  the  said  patient  in  whose  be- 
half application  is  made,  and  to  notify  him  without  delay  of 
the  existence  of  such  application.  It  shall  be  the  duty  of 
the  captain,  sergeant  or  other  officer  at  the  desk  in  such  po- 
lice precinct,  as  before  specified,  upon  registry  of  any  appli 
cation  as  described  in  this  section,  immediately  to  detail  an 
officer,  whose  duty  it  shall  be  to  call  upon  such  physician 
without  delay,  and  to  conduct  him  to  the  residence  of  the 
patient ;  also,  to  verify  by  personal  inspection  or  inquiry  the 
name  and  address  of  such  patient  as  registered  by  his  su 
perior  officer.  Every  officer  thus  detailed  as  messenger  shall 
be  furnished  with  a  blank  certificate  upon  which  the  name 
and  address  of  the  physician  responding  to  the  call,  the  name 


Department  of  Health.         140  Title  XIL 

and  address  of  the  patient  attended,  and  tbe  date  and  hour 
of  the  visit,  shall  be  written  bv  him  after  he  has  conducted 
the  physician  to  the  patient's  residence  and  verified  the  gen- 
uineness of  the  application.  Such  certificate  shall  be  signed 
by  him  and  given  to  the  physician,  and  shall  specify  upon  its 
face  that  the  physician  herein  named  is  entitled  to  the  sum 
of  three  dollars  from  the  public  funds  upon  presentation 
thereof  to  the  proper  officer,  and  indorsement  thereof  in 
writing  with  the  name  of  the  captain  of  the  precinct.  But  it 
shall  be  the  duty  of  the  physician  making  such  visit  to  pre- 
sent such  certificate  to  the  patient  or  his  or  her  agent  or  at- 
tendant, and  to  request  payment  of  the  sum  specified  :  and  in 
case  of  such  payment  being  made  said  physician  shall  surrender 
such  certificate  to  the  person  or  persons  making  it,  and  it  shall 
cease  to  be  a  claim  upon  the  public  treasury.  In  default  of 
the  immediate  payment  of  the  said  fee  specified  in  the  said 
certificate  by  the  patient  or  his  or  her  attemlaut,  it  shall  be 
the  duty  of  the  captain  of  the  police  precinct  in  which  the 
visit  was  made  to  indorse  it  with  his  name  :  and  after  having 
been  indorsed  by  the  head  of  the  department  of  health  or  his 
deputy,  it  shall  be  the  duty  of  the  comptroller  of  the  said 
city  to  pay  at  sight  the  fee  aforesaid,  and  to  enter  the  pay- 
ment in  a  book  provided  for  that  purpose  and  take  up  the 
certificate.  And  all  certificates  thus  redeemed  shall  be  valid 
debts  to  the  amount  therein  named  against  the  patient  therein 
named  or  their  guardian,  which  the  said  commissioner  of 
health  of  said  city  may  order  collected  by  due  process  of  law ; 
provided  that  no  prosecution  shall  be  instituted  in  cases 
where  it  is  satisfactorily  shown  that  the  patient  is  without 
sufficient  means  for  the  payment  thereof.  It  shall  be  the 
duty  of  every  physician  thus  called  to  the  medical  assistance 
of  any  person  within  the  police  precinct  in  which  he  is  regis- 
tered, to  transmit  to  the  register  of  the  department  of  health, 
within  twenty-four  hours  after  the  call  shall  have  been 
answered,  a  full  and  accurate  statistical  exhibit  of  the  case, 
specifying  therein  the  age  and  sex,  and  the  employment,  pro- 
fession or  business  of  the  patient,  the  nature  of  the  disease, 
the  hour  of  the  attack  when  practicable,  the  date  and  the 
police  precinct  and  ward  in  which  the  case  occurred ;  the 
same  shall  be  signed  with  the  full  name  and  address  of  the 


Title  Xn. 


141         Department  of  Health. 


physician  rendering  it,  but  the  name  and  address  of  the 
patient  shall  always  be  omitted  ;  and  it  shall  be  the  duty  of 
the  commissioner  of  health  to  provide  all  physicians  thus 
registered  for  night  medical  service  with  appropriate  blanks 
for  the  said  purpose,  upon  their  apphcation  therefor.  Any 
policeman  who  shall  be  detailed  as  a  messenger  according  to 
the  provisions  hereinbefore  specified,  shall,  in  the  absence  of 
preference  expressed  in  application,  call  the  physician  nearest 
and  most  convenient  to  the  patient's  residence,  or,  in  the 
afeseuce  or  refusal  from  any  cause  of  the  latter,  the  physician 
next  nearest,  and  so  on,  and  there  shall  be  no  delay  or  wait 
ing  for  such  physician  to  return ;  and  any  member  of  the 
force  neglecting  to  comply  with  this  provision  shall  be  sub- 
ject to  trial  and  fine  or  dismissal  from  the  service,  by  the 
head  of  the  department  of  police  and  excise  in  the  same  man- 
ner as  for  other  offences  cognizable  by  the  said  body  ;  and 
any  physician  thus  registered  who  shall  twice  refuse  or  neg- 
lect, without  reasonable  excuse,  to  answer  a  call  made  accord- 
ing to  provisions  of  this  act,  shall  be  subject  to  have  his  name 
erased  from  the  list,  upon  proper  evidence  thereof  submitted 
to  an  executive  officer  who  shall  be  appointed  by  the  register 
of  vital  statistics  of  the  department  of  health,  and  shall  be 
under  his  immediate  supervision.  The  captains  of  the  several 
police  precincts  if,  in  their  judgment,  it  shall  be  necessary  to 
the  pubhc  convenience,  may  cause  the  bulletins  of  physicians 
herein  specified  to  be  posted  iu  any  public  place  or  store 
within  their  respective  precincts,  as  they  shaU  deem  advisable, 
under  the  direction  of  the  head  of  the  poHce  department ; 
but  any  appUcant  desiring  the  service  of  any  messenger  other 
than  a  member  of  the  police  force  detailed  for  the  purpose, 
shall  employ  such  messenger  at  his  own  expense,  and  shall 
be  liable  for  any  expenses  incurred  in  communicating  with 
the  poHce  precinct.  The  time  during  which  the  physicians 
registered  under  this  act  shall  be  held  to  be  subject  to  call, 
shall  be  between  the  hours  of  ten  in  the  evening  and  seven 
in  the  morning,  from  October  first  to  March  thirty-first, 
inclusive,  and  between  the  hours  of  eleven  in  the  evening  and 
six  in  the  morning  from  April  first  to  September  thirtieth, 
inclusive. 


Bepartment  of  Health. 


142 


Title  Xn. 


§  11.  The  board  of  estimate  of  the  City  of  Brooklyn  is 
hereby  authorized  and  directed  to  apportion  and  insert  in 
their  estimate  of  the  expense  of  said  city,  in  each  yt  ar,  an 
amount  necessary'  for  the  support  of  the  aforesaid  night 
medical  service,  when  its  organization  shall  have  been  estab- 
lished as  aforesaid,  but  in  no  case  shall  the  sum  so  appor 
tioned  exceed  three  thousand  dollars  for  any  one  vear,  and 
the  amount  so  apportioned  shall  be  inserted  in  the  tax  levy 
of  said  city. 

4?  12.  The  mayor,  with  the  commissioner  of  the  department 
of  health  and  the  commissioner  of  the  department  of  city 
"works  of  the  City  of  Bix)oklyn,  are  hereby  constituted  a  com- 
mission, with  power  and  authority  by  this  act,  to' select  a  site 
in  or  near  the  City  of  Brooklyn,  County  of  Kings,  for  the 
erection  of  public  hospitals  f(jr  the  reception  and  treatment 
of  persons  suflfering  from  infectious  or  contagious  diseases. 
After  such  a  site  has  been  selected  as  aforesaid,  it  shall  be 
purchased  at  a  fair  market  value  or  leased  by  said  commis- 
sioners. And  the  said  commission  is  thereupon  and  they  are 
hereby  authorized  to  applv  to  the  supreme  court,  at  a  special 
term  thereo',  to  be  held  in  the  County  of  Kings  for  the  ap- 
pointment of  three  commissioners  to  ascertain  and  appraise 
the  amount  of  damage,  if  any,  which  may  be  done  to  any 
property  or  interests  therein  by  reason  of  the  occupation  of 
said  public  hospitals  by  the  persons  suflfering  from  infectious 
or  contagious  diseases.  Said  commissioners  so  appointed 
shall  meet  immediately  after  their  appointment  and  shall  be 
sworn  before  Rome  officer  authorized  to  administer  oaths, 
faithfully  and  impartially  to  perform  the  duties  which  shall 
devolve  upon  them  by  virtue  of  said  appointment,  and  shall 
then  proceed  with  all  reasonable  diligence  to  ascertain  and 
appraise  the  amount  of  damage,  if  any,  as  aforesaid.  They 
shall  give  public  notice  to  all  parties  interested  of  the  time, 
place  and  object  of  their  meeting  by  a  notice  published  in 
the  corporation  newspapers  of  the  City  of  Brooklyn  for  ten 
days  successively,  and  shall  at  said  meeting  and  from  time 
to  time  as  they  shall  determine,  hear  all  persons  interested  in 
said  matters  and  shall  take  such  testimony  as  may  be  offered 
on  behalf  of  said  interested  persons  on  behalf  of  the  City  of 


Title  XII.  143        Bepartment  of  Health. 

Brooklyn  as  to  the  damage  to  propertv  and  interests  thereio 
which  may  be  done  thereto  by  reason  of  the  occupation  and  - 
use  of  said  public  hospitals  by  persons  suffering  from  infec- 
tious or  contagious  diseases.     Any  maps,  diagrams  or  plans- 
which  may  be  required  by  said  commissioners  in  the  per- 
formance of  their  duties  shall  be  furnished,  upon  their  re- 
quest, l)y  the  commissioner  of  city  works  of  said  City  of 
Brooklyn.    The  said  commissioners  shall  prepare  a  report, 
setting  out  in  detail  their  conclusions  accompanied  with  a. 
map  showing  the  location  of  the  property  affected,  and  a  tab- 
ular statement  of  the  amounts  awarded,  the  interest  affected 
and  the  persons  entitled  to  awards.    Said  report  shall  be  pre- 
sented to  the  supreme  court  at  a  special  term  thereof  on  anjr 
day  upon  a  notice  published  in  the  corporation  newspapers  for~ 
ten  days  successively  and,  that  said  report  be  presented  to 
said  court  for  confirmation.     The  said  court  shall  hear  any 
objections  to  said  report  or  any  part  thereof,  and  may  either- 
confirm  the  same  or  send  it  back  to  the  commissioners  of  es- 
timate, who  shall  thereupon  reconsider  the  same  and  again 
report  the  result  to  the  said  court  and  their  said  report  shall 
again  be  presented  to  said  court  for  confirmation  upon  a 
similar  notice  as  heretofore  provided  for.    Said  court  shall 
again  hear  objections  and  may  confirm  the  same  or  send  the 
same  back  as  before  provided.      If  the   said  report  is- 
confirmed,   said   confirmation    shall   be    final    and  con- 
clusive, but  the  same  shall  be  sent  back  and  reconsidered  as- 
often  as  said  court  may  deem  necessary.    The  City  of  Brook- 
lyn shall  pay  to  each  commissioner  the  sum  of  five  dollars 
per  day,  for  every  day  necessarily  spent  by  him  in  the  per- 
formance of  his  duty  under  this  section.    Upon  the  taking  of 
the  oath  by  said  commissioners,  as  herein  provided,  the  City 
of  Brooklyn  is  authorized  to  enter  upon  and  use  the  said) 
public  hospitals  for  the  purposes  provided  for  in  this  section^ 
The  board  of  estimate  of  the  City  of  Brooklyn  is  hereby  au- 
thorized to  include  from  year  to  year  in  its  annual  report^, 
the  sum  or  sums  necessary  for  the  purchase  or  lease  of  said 
site  for  the  erection  and  maintenance  of  said  public  hospitals 
and  for  the  payment  of  the  damages  ascertained  to  be  done 
to  the  property  and  interests  therein,  by  reason  of  the  use 
and  occupation  of  said  public  hospitals  for  the  purposes. 


Department  of  Health.  144 


Title  XJOL 


mentioDod  iu  this  section,  and  the  sum  or  sums  so  reporte«l 
shall  be  included  in  ths  annual  tax  levies  of  said  city.  Any 
money  which  may  be  required  for  immediate  use  for  any  of 
the  purposes  aforesaid,  or  for  the  payment  of  the  commis- 
sioners, or  other  expenses  incurred  in  carryin<i^  out  the  pro- 
visions of  this  section  may  be  raised  by  the  issue  of  tax  cer- 
tificates as  other  tax  certificates  are  issued  in  said  city,  the 
payment  of  which  shall  be  provided  for  in  the  next  annual 
budget  After  such  site  has  been  selected  as  aforesaid  either 
by  purchase  or  lease,  and  whenever  funds  have  been  provided 
in  the  manner  aforesaid,  the  said  commissioners  are  empow- 
ered by  this  act  to  take  such  property  by  purchase  or  lease 
in  the  name  of  the  City  of  Brooklyn,  after  the  corporation 
counsel  shall  have  approved  the  validity  of  the  title  to 
the  same.  The  management  of  said  hospitals  shall 
be  under  the  direction  and  control  of  the  commissioner  of 
the  department  of  health  iu  the  City  of  Brooklyn.  The  said 
commissioner  of  the  department  of  health  of  tue  City  of 
Brooklyn  shall  make  rules  and  regulations  for  the  conduct 
and  government  of  said  hospitals.  He  shall  appoint  all  phy 
sicians  who  shall  be  doctors  of  medicine,  holding  degrees 
from  medical  colleges  in  good  standing.  He  shall  appoint 
such  employees,  nurses  and  servants  as  may  be  necessary  and 
determine  their  salaries,  and  shall  regulate  the  scale  of  prices 
for  those  who  are  able  to  pay  for  admission  and  treatment. 
But  no  pei-son  having  any  infectious  or  contagious  disease 
shall  be  refused  admission  to  these  hospitals  because  of  his 
or  her  inabihty  to  pay.  The  commissioner  of  the  depart 
ment  of  health  is  hereuy  authorized  to  cause  to  be  removetl 
to  these  hospitals  any  person  or  {persons  afflicted  with 
contagious  or  infectious  diseases  whose  house  and  sani 
tary  surroundings  are  not  satisfactory  to  the  said  com 
missioner.  All  moneys  received  from  patients  treated  in 
these  hospitals  shall  be  paid  into  the  city  treasury. 
Chap.  245,  Laws  of  1891. 


TITLE  XII.l. 

DEPAETMENT    OF  FIRE 

Hection  1.  The  head  of  the  department  of  fire  shall  be  the 
fire  commissioner.  He  shall  be  appointed  by  the  mayor,  as 
hereinbefore  provided.  His  term  of  office  shall  be  for  two 
years,  to  commence  on  the  first  day  of  February  next  suc- 
ceeding his  appointment.  He  shall  receive  an  annual  salary 
of  five  thousand  dollars. 

§  2.  The  said  commissioner  shall  possess  and  exercise  full 
and  exclusive  control  and  management  of  all  matters  relating 
to  the  government,  managoment  and  maintenance  of  the  fire 
department  and  the  premises  and  property  thereof,  subject 
to  the  direction  of  the  common  council,  and  shall  have  sole 
and  exclusive  official  power  and  authority  to  extinguish  fires 
in  the  City  of  Brooklyn.  The  said  commissioner  shall  also 
have  power  to  provide  for  and  regulate  the  inspection  of  fire 
hydrants  and  is  authorized  to  appoiot  such  laborers  as  may 
be  necessary  for  the  inspection  of  fire  hydrants.  Any  such 
laborer  who  shall  be  directed  to  inspect  fire  hydrants  accord- 
ing to  the  regulations  established  by  said  commissioner  shall 
have  power  to  open  and  examine  any  fire  hydrant  writhin  the 
City  of  Brooklyn  ;  and  in  case  any  hydrant  shall  be  found  to 
be  clogged  up,  frozen,  or  out  of  repair,  or  for  any  other  rea- 
son not  to  be  in  good  working  order,  it  shall  be  the  duty  of 
the  person  who  shall  make  such  inspection  and  discovery  to 
immediately  report  the  same  in  writing  to  the  water  pur- 
veyor, appointed  as  hereinafter  provided  in  this  act. 
Chap.  104,  Laws  of  1894. 

§  3.  The  common  council  shall  provide  supplies,  horses, 
tools,  implements  and  apparatus  of  any  and  all  kinds  (to  be 
used  in  the  extinguishing  of  fires),  and  ^re  telegraphs,  pro- 
vide suitable  locations  for  the  same ;  and  shall  have  power  to 
buy,  sell,  construct,  repair  and  have  the  care  of  the  same,  and 
take  any  and  all  such  action  in  the  premises  as  may  be  nec- 
essary and  proper. 

§  4.  Whenever  the  said  fire  commissioner  shall  determine 
that  any  of  the  real  or  personal  property  of  said  department 


Department  of  Fire. 


Title  Xni. 


is  not  required  for  its  pur|X)8es,  he  sball  file  with  the  comp- 
troller of  said  city  a  list  of  such  property,  and  within  thirty 
days  thereafter  the  same  shall  be  disposed  of  as  the  common 
council  m-iy  direct,  and  the  proceeds  thereof  shall  be  paid 
into  the  treasury  to  the  credit  of  said  department,  and  may 
■  be  drawn  as  directed  by  the  common  council  for  the  purpose 
•of  purchasing  other  real  or  personal  property  for  said  depart- 
ment as  ma}'  be  directed  by  said  common  council. 

§  5.  The  said  commissioners  shall  have  pow3r  to  select  a 
isecretary,  chief  and  assistant  engineers,  and  a  superintendent 
of  the  repair's  to  the  fire  apparatus  in  the  fire  department, 
'who  shall  be  rated  as  the  district  engineers  in  said  depart- 
•meut,  and  shall  be  entitled  to  the  same  privileges,  immuni- 
;tie8  and  compensation  as  the  district  engineers  in  said  de- 
partment, and  as  many  officers,  clerks,  foremen,  engineers, 
drivers,  inspectors  and  bell  ringers  as  may  be  necessary,  pro- 
vided that  the  salaries  of  such  emploj'es,  in  the  aggregate, 
shall  not  exceed  the  amount  annually  raised  by  the  pnjper 
officei-s  for  such  pur|x)ses.  The  said  employes  shall  at  all 
times  be  under  the  control  of  the  commissioner,  and  perform 
■such  duties  as  may  be  imix)sed  u\Km  them  by  the  said  com- 
missioner. 

Chap.  190,  Laws  of  1890. 

^  6.  The  firemen,  engineers  and  drivers  appointed  by  the 
fire  commissioner  as  hereinbefore  provided,  shall  each  receive 
for  his  services  a  salary  of  one  thousand  dollars  per  annum  ; 
provided  that  all  firemen,  engineers  and  drivers  shall  during 
the  first  year  of  their  service  receive  a  salary  of  seven  hundred 

-dollars  per  annum,  and  thereafter  an  increase  of  fifty  dollars 
iper  annum,  until  the  salary  of  each  shall  amount  to  the  sum 

•  of  one  thousand  dollars  per  annum.  The  grade  of  the  firemen 
and  engineers  of  the  fire  department  shall  be  as  follows  :  All 
such  members  who  are  below  the  gi-ade  of  engineers,  and 

:  shall  have  served  three  years  or  upwards  in  said  department, 
shall  be  firemen  of  the  first  grade;  all  such  firemen  who 

*have  served  in  said  department  for  less  than  three  years  and 

^more  than  one  year,  shall  be  firemen  of  the  second  grade ; 
and  all  other  firemen  who  are  in  said  department,  shall  be 
Bremen- of^  the  third  grade  ;  -and  all  peisons  appointed  fire- 


Title  Xni. 


147 


Department  of  Fire. 


men  shall,  on  their  apjx)iutment,  become  tiremen  of  the  toird 
gi'ade.  Whenever  any  firemen  of  the  tidrd  gi-ade  shall  have 
done  service  therein  for  one  year  he  shall  be  advanced  to  the 
second  grade,  and  whenever  any  fireman  of  the  second  grade 
shall  have  done  service  therein  for  one  yeai',  he  shall  be 
advanced  to  the  fii*st  grade.  Engineers  of  steamers  who  shall 
have  serve<:l  thi-ee  yeai's  or  upwards  in  said  department  shall 
he  engineers  of  the  first  gi'ade :  all  such  engineers  who  have 
served  in  said  department  for  less  than  three  years  and  more 
than  one  year,  shall  be  engineers  of  the  second  gi-ad(: :  and 
all  other  engineei*s  who  are  then  in  said  department,  shall  be 
engineei-s  of  the  third  grade.  The  annual  pay  or  compensa- 
tion of  the  uniformed  membei-s  of  the  department  shall  be 
fixed  by  a  majority  of  all  the  membei-s  of  the  board  of  esti- 
mate of  the  City  of  Brooklyn,  and  shall  not  be  less  than  the 
salaries  now  paid  to  said  membei-s,  and  not  greater  than  the 
following,  namely  :  for  firemen  of  the  first  gi'ade  at  a  rate  not 
to  exceed  twelve  hundred  dollars  per  annum  :  for  firemen  of 
the  second  grade  at  a  rate  not  to  exceed  eleven  hundred  dol- 
lar per  annum :  for  firemen  of  the  third  grade  at  a  rate  not 
to  exceed  one  thousand  dollars  per  annum.  Also,  fix  the  pay 
of  bell  lingers  at  a  rate  not  less  than  nine  hundred,  nor  more 
than  one  thousand  dollars  per  annum.  Also,  fix  the  pay  of 
engineei-s  of  steamers  for  the  first  year's  service  at  the  sum 
of  eleven  bundled  dollars  per  annum,  and  thereafter  yearly 
an  increase  of  one  hundred  dollars  per  annum,  until  the  salary 
of  each  shall  amount  to  the  sum  of  thirteen  hundred  dollars 
per  annum.  The  pay  or  compensation  shall  be  paid  monthly 
to  each  member,  and  the  said  board  of  estimate  shall  not  have 
power  to  reduce  the  present  pay  received  by  the  members 
of  the  department.  The  veteiinary  surgeon  shall  be  subject 
to  the  same  laws  and  regulations  as  the  uniformed  force,  and 
the  said  veterinary  surgeons  shall  rank  the  same  as  a  district 
engineer  in  said  depai'tment,  and  the  salary  shall  not  exceed 
that  of  the  district  engineer,  nor  shall  it  be  less  than  the 
salary  now  paid  to  the  veterinai-y  surgeons  as  aforesaid. 

7.  The  aforesaid  officers  and  men,  with  their  apparatus 
of  all  kinds,  when  on  duty,  shall  have  the  right  of  way  at  any 
fire  and  in  any  highway,  street  or  avenue,  over  any  and  all 


Department  of  Fire. 


148 


Titie  XIII. 


TehicleB,  of  any  kind,  except  those  carrying  the  United  States 
mailfi,  and  any  person  in,  or  upon,  or  owning  any  vehicle, 
who  shall  refuse  the  right  of  way,  or  in  any  way  wilfully  ob- 
struct any  fire  apparatus  or  any  of  said  officers  while  in  per- 
formance of  duty,  shall  be  guilty  of  a  misdemeanor,  and  be 
liable  to  punishment  for  the  same. 

§  8  The  names  of  all  members  of  the  fire  department  shall 
be  duly  enrolled  under  the  direction  of  the  fire  commissioner. 
It  shall  be  a  misdemeanor  for  any  person  not  so  enrolled  or 
employed,  or  appointed  by  the  said  commissioner,  to  wear 
the  whole  or  any  part  of  the  uniform  or  insignia  prescribed 
to  be  worn  by  the  rules  and  regulations  of  the  department, 
or  to  do  any  act  as  firemen  not  duly  authorized  by  the  com- 
missioner, or  to  interfere  with  the  property  or  apparatus  of 
the  fire  department  in  any  manner,  unless,  by  the  authority 
of  the  said  commissioner.  No  member  of  the  fire  department 
shall  be  liable  to  military  or  jury  duty  while  performing  his 
duty  as  a  fireman. 

i>  9.  It  shall  be  the  duty  of  said  commissioner  to  make  suit- 
able regulations  under  which  the  officers  and  men  of  the  de- 
partment shall  be  required  to  wear  an  appropriate  uniform 
and  badges,  by  which,  in  case  of  fire,  and  at  other  times,  the 
authority  and  relations  of  such  officers  and  men  may  be 
known,  and  the  commissioner  shall  have  power,  in  his  dis- 
cretion, on  conviction  of  a  member  of  the  department  for  any 
legal  ofifense,  or  neglect  of  duty,  or  violation  of  rules,  or 
neglect  or  disobedience  of  orders,  or  incapacity,  or  absence 
without  leave,  or  any  conduct  injurious  to  the  public  peace  or 
welfare,  or  for  immoral  conduct,  or  any  other  breach  of  dis- 
cipline, to  punish  the  oftending  party  by  reprimand,  forfeit- 
ing or  withholding  pay  for  a  specified  time,  or  dismissal 
from  the  department ;  but  no  more  than  ten  days'  pay  shall 
be  forfeited  and  withheld  for  any  offense :  but  no  member 
employed  on  the  force  for  extinguishing  fires  shall  be  re- 
moved without  cause,  and  then  only  after  a  public  trial  by 
the  said  commissioner  of  the  department  of  fire,  and  after 
having  been  found  guilty  of  misconduct  or  neglect  of  duty, 
or  having  been  adjudged  incapable  of  performing  his  duties ; 


Title  XIII.  1^9  Department  of  Fire, 

and  the  evidence  on  such  trial  shall  be  taken  in  full,  and  kept 
AS  a  pubhc  record. 

Chap.  371,  Laws  of  1889. 

i  10.  In  case  there  should  hereafter  be  any  fire  in  the  City 
of  New  York,  which,  in  the  opinion  of  the  commissioners  of 
the  New  "York  fire  department,  or  a  majority  of  them,  shall 
require  the  presence  and  co-operation  of  a  greater  number  of 
officers  or  men  or  apparatus  tban  may  be  at  the  command  or 
under  the  control  of  said  New  York  fire  department  to  extin- 
guish the  said  fire,  it  shall  be  the  duty  of  said  New  York  fire 
<^ommissioners,  and  they  are  hereby  empowered  to  request,  in 
^ATiting,  the  fire  commissioner  of  the  City  of  Brooklyn  to 
tissist  them  with  officers,  men  and  apparatus,  or  either  of 
them,  from  the  said  City  of  Brooklyn,  to  aid  in  putting  out 
and  extinguishing  the  said  fire,  and  it  shall  be  the  duty  of 
the  said  fire  commissioner,  when  so  called  upon,  to  furnish 
the  same.    And  in  case  there  shall  hereafter  be  a  fire  in  the 
City  of  Brooklyn,  which,  in  the  opinion  of  the  fire  commis- 
sioners of  said  city,  shall  require  the  presence  and  co-opera- 
tion of  a  greater  number  of  officers  or  men  or  apparatus  than 
may  be  at  the  command  or  under  the  control  of  said  fire  com- 
missioner, to  extinguish  said  fire,  it  is  hereby  made  the  duty 
of  said  fire  commissioner,  and  he  is  hereby  authorized  to 
request,  in  writing,  the  commissioners  of  the  New  York  fire 
department  to  assist  him  with  officers,  men  and  apparatus,  or 
either  of  the  same,  to  aid  in  putting  out  the  said  fire,  and  it 
shall  be  the  duty  of  the  said  New  York  fire  commissioners  to 
furnish  the  same ;  and  in  case  any  expense  is  incurred  by 
the  said  commissioner  of  the  City  of  Brooklyn  in  aiding  the 
said  New  York  fire  commissioners,  as  hereinbefore  provided, 
the  amount  of  such  expense,  when  duly  certified  under  oath 
by  the  fire  commissioner  of  the  City  of  Brooklyn  to  the  said 
New  York  fire  commissioners,  shall  be  paid  to  the  City  of 
Brooklyn  by  the  City  of  New  York ;  and  in  case  any  expense 
is  incurred  in  furnishing  the  aid  provided  in  this  act  by  the 
said  New  York  fire  commissioners  to  the  said  fire  commis- 
sioner of  the  City  of  Brooklyn,  it  shall  be  the  duty  of  the  City 
of  Brooklyn  to  refund  the  same  to  the  City  of  New  York, 
when  the  same  shall  have  been  duly  certified  under  oath  by 
the  said  New  York  fire  commissioners. 


I>epartment  of  Fire. 


150 


Title  XIII. 


§  11.  The  said  commissioner  shall  provide  for  protection 
against  fire,  and  may  provide  for  the  arrest  of  all  persons 
who  may,  at  or  near  any  fire,  commit  or  attempt  to  commit 
any  crime  against  the  laws  of  this  State,  or  may  violate  any 
rule  or  any  regulation  of  said  department. 

§  12.  When  a  building  shall  be  on  fire  in  said  city,  the 
fire  commissioner,  or  in  his  absence,  the  chief  engineer,  may 
order  such  building  or  any  adjoining  building,  to  be  pulled 
down  or  otherwise  destroyed,  if  he  shall  deem  it  likely  to 
convey  the  fire  to  another  l)uilding. 

§  13.  Any  person  who  shall  be  or  shall  have  been  injured 
or  damaged  by  reason  of  the  pulling  down  or  destruction  of 
any  building  in  said  city,  as  provided  in  the  last  preceding 
section,  for  the  purpose  of  preventing  the  spreading  of  fire, 
may  institute  against  the  said  city  an  action  to  recover  com- 
pensation for  such  injury  or  damages;  and  in  case  a  final 
judgment  be  recovered  in  such  action  against  the  city,  the 
amount  so  recovered,  with  interest,  and  all  the  costs  and  ex- 
penses of  the  city  in  the  defense  of  such  suit,  shall  be  paid 
out  of  the  revenue  fund. 

§  14.  All  fines  imposed  by  the  fire  commissioner  upon 
memberc  of  the  fire  depai'tment,  by  way  of  discipline,  and 
collectable  from  pay  or  salary,  and  all  rewards,  fees,  proceeds 
of  gifts  and  emoluments  that  may  be  paid  and  given  for  ac- 
count of  extraordinary  services  of  any  member  of  the  depart- 
ment (except  when  allowed  to  be  retained  by  said  member), 
and  all  moneys  received  for  penalties,  under  the  provisions  of 
this  title,  shall  be  paid  into  the  treasury  to  the  credit  of  the 
firemen's  insurance  fund.  The  payments  so  made  shall  con- 
stitute and  be  kept  as  a  fund  to  be  called  the  "  firemen's  in- 
surance fund,"  and  the  fire  commissioner  and  the  commis- 
sioners of  the  sinking  fund  are  hereby  declared  to  be  the 
trustees  of  the  said  fund,  and  they  shall  have  power,  and  it 
shall  be  their  duty,  from  time  to  time,  to  invest  the  same,  in 
whole  or  in  part,  as  they  shall  deem  most  advantageous  for 
the  objects  of  said  fund  :  and  they  are  empowered  to  make 
all  the  necessary  contracts  and  take  all  necessary  remedies  in 
the  premises :  and  the  said  trustees  for  and  on  behalf  of  the 
usee  and  purposes  of  said  fund  shall  be  entitled  to  receive. 


Title  XIII. 


151 


Department  of  Fire. 


and  there  shall  be  paid  to  them  bv  the  treasurer  of  the  Citj 
of  Brooklyn,  annually,  all  the  percentage  or  tax  on  the  re- 
ceipts of  the  foreign  ,fire  insurance  companies  doing  business 
in  the  City  of  Brooklyn,  and  the  amount  so  received  shall  be 
applied  to  and  used  for  the  purposes  of  said  insurance  fund 
as  herein  provided 

See  Ch.  338,  Laws  of  1893. 

§  15.  An}'  officer  or  member  of  the  fire  department  who 
shall,  while  in  the  actual  performance  of  his  duty,  and  by- 
reason  of  such  performance  of  duty,  and  without  fault  or 
misconduct  on  his  part  become  permanently  disabled,  physi- 
cally or  mentally,  so  as  to  be  unfitted  to  perform  duty,  and 
any  such  officer  or  member  who  shall,  after  ten  years'  mem- 
bership, become  superannuated  by  age,  or  rendered  incapable 
of  performing  duty  by  disease  contracted  without  misconduct 
on  his  part,  may  be  placed  on  the  pension  roll  of  the  firemen's 
insurance  fund,  and  granted  and  paid  a  pension  of  not  exceed- 
ing one-half  of  the  annual  compensation  allowed  such  officer 
or  member,  as  salary  at  tbe  date  of  his  retirement  from  the 
service  from  the  said  fund.  In  every  case  the  circumstances 
thereof,  shall  be  determined  by  a  board  to  be  composed  of  the 
deputy  commissioner,  the  chief  engineer,  and  a  surgeon  of  the 
department,  who  shall  report  all  the  facts  in  every  case  to 
the  commissioner  who  shall  order  the  payment  of  the  pen- 
sion to  be  made  by  drafts,  signed  as  the  said  trustees  shaB 
direct,  and  such  pension  shall  not  be  reduced  or  discontinued 
previous  to  the  death  of  said  reti?'ed  pensioner.  If  any 
officer  or  member  of  the  department,  while  in  the  actual  dis- 
charge of  his  duty,  shall  be  killed  or  shall  die  from  the 
effects  of  any  injury  received  by  him  while  in  the  actual 
discharge  of  said  duty,  or  shall  die  after  ten  continuous  years 
in  the  service  of  the  department  (such  death  not  being 
caused  by  misconduct  on  his  part),  or  shall  die  after  having 
been  retired  from  actual  service,  leaving  a  widow,  the  name 
of  such  widow  may  be  placed  on  such  pension  roll,  and  there 
may  be  granted  and  paid  to  said  widow  a  pension  of  three 
hundred  dollars  per  year,  from  said  fund,  so  long  as  she  re- 
mains unmarried.    If  such  member  dying,  as  aforesaid  shaU 


Department  of  Fire.  152  Title  XIII. 

leave  any  minor  child  or  children,  but  no  widow  (or  if  a 
widow,  then  after  her  death),  the  name  or  names  of  such 
child  or  children,  under  the  a<?e  of  eighteen  years,  may  be 
placed  an  said  pension  roll,  and  a  pension  from  said  fund 
granted  and  paid  to  such  child  or  children;  if  more  than  one, 
to  be  divided  equally  between  them:  such  pension  or  share 
of  pension  to  cease  on  the  said  child  or  children,  respectively, 
arriving  at  the  age  of  eighteen  years,  or  wlienever  earlier 
discontinued  by  order  of  the  commissioner.  In  every  case 
the  commissioner  shall  determine  the  circumstances  thereof, 
and  order  payment  of  the  pension  to  be  made  by  draft, 
signed  as  the  said  trustees  shall  direct  ;  but  nothing  herein 
contained  shall  render  any  payment  of  said  pension  obliga 
tory  upon  the  said  commissioner  or  upon  said  trustee,  or 
chargeable  as  a  matter  of  legal  right  upon  the  said  firemen's 
insurance  fund.  The  commissioner  or  commissioners  of  the 
fire  department,  in  his  or  their  discretion,  for  proper  cause, 
and  after  investigation,  may  at  any  time  order  such  pension, 
or  any  part  thereof,  to  cease.  There  shall  be  deducted  by  the 
comptroller  of  the  City  of  Brooklyn,  from  the  monthly  pay 
of  each  officer  and  fireman  of  said  department,  and  from  that 
of  the  other  employees  of  said  department,  as  shall  desire  to 
avail  themselves  of  this  provision,  and  by  the  trustees  of  the 
fireman's  insurance  fund  from  the  monthly  pension  of  such 
retired  members  of  the  department  who  had  contributed  to 
said  fund  before  retirement,  the  monthly  sum  of  one  cioUar, 
which  shall  be  received  and  held  by  the  trustees  of  the  in 
surance  fund  herein  created,  in  the  like  manner  as  the  other 
moneys  herein  provided  to  be  paid  to  them,  and  which  shall 
be  known  as  the  Brooklyn  fire  depai'tment  widows'  and  or- 
phans' relief  fund;  and  in  case  of  the  death  of  any  member 
or  employee  of  said  department  in  the  service  thereof,  or  re- 
tired pensioner,  so  contributing,  there  shall  be  paid  to  the 
widow  or  legal  representative  of  such  deceased  member  or 
employee  or  retired  pensioner,  the  sum  of  one  thousand 
dollars  out  of  the  money  so  assessed;  and  in  the  case  by  rea- 
son of  the  number  of  deaths,  the  aggregate  amount  of  the 
money  so  provided  to  be  assessed  and  collected  should  prove 
inadequate  to  make  such  payment,  then  the  assessment  may, 
in  the  discretion  of  the  tr,ustees,  be  increased  to  not  exceed 


Title  Xm. 


153  Department  of  Fire. 


the  sum  of  two  dollars  in  each  months  pay.  The  said  com- 
missioner of  the  fire  department  of  the  City  of  Brooklyn 
may  direct  the  trustees  of  the  Brooklyn  fire  department  wid- 
ows' and  orphans'  relief  fund  to  pay  from  said  fund  to  the 
widow  of  any  deceased  retired  pensioner  of  said  fire  depart- 
ment who  had  contributed  to  said  fund  previous  to  his  said 
retirement,  and  who,  by  reason  of  said  retirement,  was  de- 
barred from  further  contributing  to  or  receiving  any  of  the 
benefits  of  said  fund,  such  sum  of  money  as  the  widow  of 
said  retired  pensioner  would  have  been  entitled  to  receive  if 
said  retired  pensioner  had  not  been  retired  from  said  fire  de- 
partment at  the  time  of  his  death. 

Chap.  153,  Laws  of  1889. 

See  Chap.  477,  Laws  of  1888. 

§  16.  The  commissioner,  for  meritorious  and  extraordinary 
services  rendered  by  any  member  of  the  department  in  the 
due  discharge  of  his  duty,  may  permit  such  member  to  retain 
for  his  benefit  any  reward  or  present  tendered  him  therefor : 
and  it  shall  be  the  cause  of  removal  from  any  department  for 
any  member  thereof  to  receive  any  sach  reward  or  present 
without  notice  thereof  to  the  commissioner.  Upon  receiving 
said  notice,  the  said  commissioner  may  either  order  the  said 
member  to  retain  the  same,  or  shall  dispose  of  it  for  the 
benefit  of  the  firemen's  insurance  fund. 

§  17.  The  said  commissioner  is  hereby  authorized  and  em- 
powered to  investigate,  examine,  and  inquire  into  the  origin, 
details  and  management  of  fires  in  said  city,  and  also  of  any 
supposed  cases  of  violations  of  any  of  the  several  provisions 
of  law  under  this  title,  or  any  of  the  several  regulations, 
orders  or  special  du'ections  issued  by  said  commissioner  for 
the  purpose  of  the  discovery  of  any  delinquency  in  the  non- 
performance of  duty,  or  violation  of  discipline  on  the  part  of  any 
officer,  agent,  or  employee  of  said  commissioner,  or  any  sup- 
posed cases  of  arson  or  incendiarism,  which  may  be  brought 
to  his  notice ;  and  said  commissioner,  in  and  about  any 
examination,  investigation  or  inquiry,  authorized  hereby, 
touching  any  matter  or  thing  therewith  connected,  may  sub- 
poena and  compel  the  attendance  of  person  or  persons,  and 
the  production  of  any  books,  papers,  archives  or  documents 


Department  of  Fire.  134  Title  XIII, 

in  his  or  their  possession,  or  under  bis  or  their  control,  in  the 
judgment  of  said  commissioner,  connected  with  and  necessary 
to  such  examination,  investigation,  or  inquirj'  before  him,  at 
the  time  and  place  therein  named ;  and  for  the  purpose 
aforesaid,  the  attornej-  and  counsel  to  the  City  of  Brooklyn  may, 
at  any  time,  obtain  to  be  issued  subix)enas  out  of  the 
supreme  coiu-t,  issued  under  the  name  of  a  justice  of  said 
court,  in  like  form  and  with  like  effect,  as  though  issued  by 
said  justice  in  any  action  pending  in  a  court  of  record  ;  and 
said  subpoena  may  be  served,  and  proof  of  such  service  may 
be  made  in  the  same  manner  as  now  by  law  provided  for  the 
service  of  subpoenas  out  of  the  said  court ;  and  upon  proof 
of  service  and  proof  of  non-comphance,  failure  to  attend  and 
testify  on  the  part  of  any  person  or  persons,  as  required  by 
said  subpoena,  or  a  failure  or  refusal  on  the  part  of  said  per- 
son or  persons,  to  produce  any  such  books,  papers,  ai'chives, 
or  documents  in  his  or  their  possession,  or  under  his  or  their 
control,  or  a  failure  or  refusal  on  his  or  their  part  to  answer 
any  question  put  to  him  or  them,  and  pertinent  thereto,  upon 
any  examination,  inquiry',  or  investigation  as  aforesaid,  apph- 
catiou  may  be  made  before  any  justice  of  said  court,  who 
shall,  in  case  he  shall  decide  such  question  pertinent  and 
proper  to  be  answered,  thereupon  cause  to  be  arrested,  and 
may  punish  as  for  a  contempt  of  the  orders  of  said  court,  the 
person  or  persons  named  in  said  subpoena,  and  in  such  case 
the  laws,  rules,  and  proceedings  relating  to  punishments  for 
contempts,  and  usual  in  said'  court,  or  before  any  justice 
thereof,  shall  be  applicable  thereto.  Said  commissioner  in 
conducting  any  examination  or  inquiry  as  aforesaid,  may 
cause  to  be  administered,  by  a  commissioner  of  deeds  or  no- 
tajry  pubUc,  any  oath,  or  affirmation,  in  the  manner  and  form 
usually  administered  in  said  supreme  court,  and  any  false 
swearing,  under  said  oath  or  affirmation  thus  administered, 
shall  be  perjury,  and  punishable  as  such,  in  such  manner  as 
now  provided  under  the  law  applicable  thereto ;  and  said 
examination  or  investigation  may  be  continued  and  adjoui'ned 
by  the  said  commissioner  conducting  the  same,  from  time  to 
time,  and  at  such  time  and  place  as  shall  be  designated,  and 
any  person  subpoenaed  as  aforesaid,  shall  attend  and  testify 
upon  said  adjourned  day  or  days  and  at  the  time  and  place 


Title  XIII. 


155  Department  of  Fire. 


designated,  and  of  which  they  shall  have  been  notified,  as 
though  the  same  had  been  named  in  said  subpoena,  and  with 
like  effect  as  to  any  failure  to  appear  and  ansAver  under  the 
requirements  therein  contained  ;  provided  that  any  testimony 
or  evidence  taken  as  aforesaid,  shall  be  for  the  information 
and  instruction  of  said  commissioner  in  the  discharge  of  his 
duties,  and  in  the  prevention  of  future  fires  and  the  protec- 
tion of  property,  and  shall  be  carefully  \ie-pt  in  the  archives 
and  possession  of  said  commissioner,  and  shall  in  no  manner 
be  used  in  any  criminal  proceeding  or  action,  but  may  be 
placed  before  any  grand  jury  in  the  County  of  Kings. 

§  18.  No  person  shall  have,  keep  upon  sale,  or  store  in  any 
place  Ox'  building  within  the  corporate  limits  of  the  City  of 
Brooklyn,  any  crude  petroleum,  dualin,  gasoline,  earth  or 
rock  oil,  or  any  of  its  products,  except  under  the  following 
provisions :  Crude  petroleum,  earth  or  rock  oil,  or  any  of  its 
products,  inay  be  stored  in  detached  and  properly  ventilated 
warehouses,  the  outer  walls  of  which  shall  be  stone,  brick  or 
iron,  especially  adapted  for  the  purpose,  by  having  raised 
sills,  at  least  two  feet  high,  or  the  ground  fioor  of  which  shall 
be  at  least  two  feet  below  the  level  of  the  street  or  the  adjoin- 
ing yard,  or  so  constructed  as  to  actually  prevent  the  overflow 
of  such  substances  beyond  the  premises,  where  the  same  may 
be  kept  or  stored,  which  said  warehouse  shall  not  be  occupied 
in  any  part  as  a  dwelling,  and,  if  less  than  fifty  feet  from  any 
adjacent  building,  the  same  must  be  separated  by  a  brick  or 
stone  wall,  at  least  ten  feet  in  height,  and  sixteen  inches 
thick,  constructed  in  such  a  manner  as  the  commissioner  of 
the  department  of  fire  may  prescribe  ;  but  the  same  may  be 
stored  in  such  other  manner  as  the  said  commissioner  may 
designate,  under  a  special  permit  issued  therefor.  No  refined 
petroleum,  kerosene,  earth  or  rock  oil,  or  any  product  thereof, 
to  be  used  for  illuminating  purposes,  shall  be  kept  upon  sale 
or  stored  within  the  corporate  limits  of  the  City  of  Brooklyn, 
the  fire  test  of  which  shall  be  less  than  one  hundred  and  ten 
degrees  Fahrenheit.  Said  test  shall  be  determined  by  inspec- 
tors, authorized  by  said  commissioner  using  G.  Tagliabue's 
instruments  or  such  other  instruments  as  may  be  designated 
by  said  commissioner.    No  refined  petroleum,  kerosene,  dua- 


Department  of  Fire.  i  Title  XIII. 

lin,  gasoline,  earth  or  rock  oil,  when  stored  above  the  cellar  or 
basement  of  any  building,  and  in  barrels  of  not  over  forty-five 
gallons  each,  or  in  metallic  vessels  or  tanks,  shall  exceed  in 
the  whole  quantity  the  contents  of  fifty  of  said  barrels ;  pro- 
vided, however,  that  the  whole  quantity  of  said  refined  oils 
that  may  be  so  kept  or  stored  over  night  shall  not  exceed  the 
contents  of  ten  of  said  baiTels,  unless  stored  in  the  manner 
provided  for  storing  crude  petroleum  ;  and  when  stored  in 
cellars  or  basements  surrounded  by  wall  of  brick  or  stone, 
and  at  least  two  feet  below  the  level  or  grade  of  the  sidewalk, 
street  or  land  adjacent,  the  whole  quantity  shall  not 
exceed  the  contents  of  one  hundred  and  fifty  barrels, 
unless  stored  in  warehouses  specially  adapted  for  that  pur- 
pose, as  requiretl  for  the  storage  of  crude  petroleum 
under  this  section :  provided,  also,  that  no  quantity  of 
said  oils  greater  than  one  barrel  shall  be  stored  or 
kept  in  any  building  occupied  in  any  part  thereof  as  a 
dwelling.  No  benzine,  benzole,  gasoline,  naptha,  camphene, 
burning  fluid,  or  products  or  compounds  containing  any  of 
such  substances,  shall  be  kept  or  stored  on  or  above  the  first 
story  or  floor  of  any  building,  exceeding  in  the  whole  quantity 
the  contents  of  five  barrels  of  forty  gallons  eacn,  nor  more  in 
quantity  than  the  contents  of  twenty  of  said  barrels  in  the 
whole  when  stored  below  the  first  floor,  unless  kept  in  the 
manner  provided  for  storing  crude  petroleum  ;  nor  shall 
more  than  one  barrel  in  quantity  of  said  last  above  named 
article  be  kept  in  any  building  occupied  in  any  part  thereof 
as  a  dwelling.  In  no  case  sha'l  any  of  the  articles  named  in 
this  section  be  allowed  to  remain  on  the  sidewalk  beyond  the 
front  line  of  any  building  or  in  or  upon  the  streets,  docks, 
piers,  bulkheads,  slips,  highwavs  or  public  places,  a  longer 
time  than  is  actually  necessary  for  the  removal  or  loading  of 
the  same ;  and  the  said  commissiotier  may  establish  and  en- 
force general  regulations  and  issue  such  orders  and  such 
especial  directions  relative  to  the  handling,  lightering,  cart 
ing,  loading,  unloading  and  transportation  of  the  several 
articles  named  under  this  section  as  in  his  discretion  shall  be 
deemed  iiecessary  for  the  public  protection ;  and  said  com 
missioner  may  issue  special  permits  authorizing  the  keeping 
of  any  of  the* articles  ©a»umerated  under  this  section  in  build- 


Title  XIII. 


157 


Department  of  Fire. 


ings,  tanks,  or  structures,  fire-proof  throughout,  in  such 
quantities,  in  such  manner,  and  subject  to  such  regulations 
as  shall  tend  to  secure  the  same  against  danger.  No  person 
shall  sell  at  retail  any  kerosene  or  other  product  of  petroleum, 
dualin,  gasoline,  to  be  used  for  illuminating  purposes,  with- 
out first  obtaining  a  license  therefor  from  the  said  commis- 
sioner, under  such  rules  and  regulations  as  he  may  prescribe, 
which  license  shall  be  for  the  term  of  one  year  and  shall  not 
be  transferable  ;  and  for  every  such  license,  and  for  every  re- 
newal of  the  same,  the  said  commissioner  shall  demand  and 
receive  the  sum  of  five  dollars ;  said  license  shall  be  posted 
in  a  conspicuous  place  in  the  store  of  the  person  or  persons 
to  whom  the  same  is  issued,  and  may  be  revoked  for  cause 
by. said  commissioner.  Any  person  who  shall  sell  any  of  the 
compounds  above  mentioned  in  this  section,  without  first  ob- 
taining a  license  therefor,  shall  forfeit  and  pay  the  sum  of 
twenty-five  dollars.  In  case  any  person  is  burned  by  the  ex- 
plosion of  any  compound,  the  sale  of  which  is  prohibited  by 
any  section  of  this  act,  or  has  not  been  inspected  or  licensed 
as  herein  provided,  and  death  ensues  therefrom,  the  person 
found  guilty  of  selling  the  same  shall  be  deemed  guiUy  of  a 
felony,  and  upon  conviction  shall  be  punished  by  a  fine  of 
not  less  than  one  thousand  dollars,  or  by  imprisonment  in 
the  State  prison  for  a  term  of  not  less  than  one  year  nor 
more  than  five  years.  And  any  dealer  who  shall  present  and 
deliver  for  inspection  a  sample  of  oil  diffei-ent  from,  and  which 
does  not  represent  the  quality  of  oil  actually  kept  by  him  or 
her  for  sale,  and  not  taken  from  the  actual  stock  being  offered 
for  sale,  and  of  the  same  qualitv  therewith,  shall  forfeit  and 
pay  the  additional  sum  of  fift}^  dollars. 
Chap.  371,  Laws  of  1889. 

§  19.  The  commissioner  of  the  department  of  fire  of  the 
City  of  Brooklyn  is  hereby  authorized  and  empowered  to  re- 
ceive and  collect  all  license  fees  herein  provided  for,  and  pay 
the  same  into  the  treasury  of  said  city  for  the  use  and  bene- 
fit of  the  fireman's  insurance  fund.  The  attorney  and  coun- 
sel of  said  city  shall,  in  the  name  of  and  for  the  use  and  ben- 
efit of  the  firemen's  insurance  fund,  sue  for  and  collect  all 
penalties  and  costs  imposed  under  the  provisions  of  this  title 


Department  of  Fire. 


158 


Title  Xra. 


:n  the  manner  provided  for  in  actions  under  the  code  of 
civil  procedure. 

Chap  371,  Laws  of  1889. 

§  18  There  shall  be  an  officer  to  be  appointed  by  the  said 
commissioner,  to  be  known  as  the  fire  marshal  of  the  City  of 
Brooklyn,  who  shall  reside  in  Brooklyn.  He  shall  take 
the  constitutional  oath  of  office  and  hold  such  office  dur- 
ing the  pleasure  of  said  c^jmmissioner  and  until  a  successor 
shall  be  appointed  and  duly  qualified  by  taking  the  constitu- 
tional oath  of  office.  He  shall  receive  an  annual  salary  of 
twenty-five  hundred  dollars.  Upon  his  death,  resignation,  or 
removal,  and  thereafter  as  often  as  a  vacancy  shall  occur  in 
in  said  offic,  the  said  commissioner  shall  apix)int  a  proper 
pei*son  to  be  said  fire  marshal.  The  business  office  of  the 
said  fire  marshal  shall  be  at  the  headquarters  of  the  depart- 
ment. 

Chap.  373,  Laws  of  1889. 

?  19.  It  shall  be  the  duty  of  said  fire  marshal  to  examine 
into  the  cause,  circumstances  awd  origins  of  fires  occurring 
in  the  City  of  Brooklyn,  by  which  any  building,  vessel, 
vehicle  or  any  valuable  personal  property  shall  be  accidentally 
or  unlawfully  burned,  destroyed,  lost,  or  damaged  by  fire, 
wholly  or  partially :  and  to  esi^ecially  inquire  and  examine 
whether  the  fire  was  the  result  of  carelessness  or  the  act  of 
an  incendiary.  The  said  fire  marshal  shall  take  the  testi- 
money,  on  oath,  of  all  persons  supfxjsed  to  l^  cognizant  of 
any  facts,  or  to  have  means  of  knowledge  in  relation  to  the 
matters  herein  required  to  be  examined  and  inquired  into, 
and  cause  the  same  to  be  reduced  to  writing,  vended  and 
transmitted  to  said  commissioner  with  his  repoi-t  in  writing, 
embodying  his  opinions  and  conclusioDS  in  relation  to  the 
matter  investigated.  The  said  fire  marshal  shall  report  in 
writing  to  the  said  commissioner,  to  the  district  attorneys,  to 
the  New  York  board  of  fire  underwriters,  to  the  owners  of 
property,  or  other  persons  interested  in  the  subject  matter  of 
investigation,  any  facts  and  circumstances  which  he  may  have 
£«certained  by  such  inquiries  and  investigations,  which  shall, 
in  his  opinion  require  attention  from  said  commissioner, 
officers  or  persons  :  and  it  shall  be  the  duty  of  the  said  fire 


Title  XIII. 


159 


Department  of  Fire, 


mai-shal,  whenever  he  shall  be  of  the  opinion  that  there  is 
evidence  sufficient  to  charge  any  jjerson  with  the  crime  of 
arson,  to  cause  such  person  to  be  arrested  and  charged  with 
such  offence,  and  furnish  the  district  attorney  with  all  the 
evidence  of  guilt,  with  the  names  of  witnesses,  and  all  the 
information  obtained  by  him,  including  a  copy  of  all  perti- 
nent and  material  testimony  taken  in  the  case  ;  and  he  shall 
specially  report  to  the  said  commissioner,  as  often  as  he  shall 
be  required,  his  proceedings  and  the  progress  made  in  all 
prosecutions  for  arson,  and  the  result  of  all  cases  which  are 
finally  disposed  of. 

Chap.  373,  Laws  of  1889. 

^  20.  The  said  lire  marshal  shall  have  the  power  to  issue 
a  notice  in  the  nature  of  a  subpoena,  in  such  form  and  sub- 
scribed in  such  manner  as  the  said  commissioner  shall  pre- 
scribe, to  compel  the  attendance  of  any  person  as  a  witness 
before  him,  to  testify  in  relation  to  any  matter  which  is  hereby 
made  a  subject  of  inquiry  and  investigation  by  the  said  mar- 
shal. The  said  tire  marshal  shall  be  and  is  hereby  author- 
ized to  ad  minster  and  verify  oaths  and  affirmations  to  persons 
appearing  as  witnesses  before  him  :  and  false  swearing  in  any 
matter  or  proceeding  aforesaid  shall  be  deemed  perjury,"  and 
-shall  be  punishable  as  such.  Upon  the  presentation  of  satis- 
factory proof  ot  due  service  of  any  such  notice,  in  the  nature 
of  a  subpoena,  upon  any  such  witness,  and  of  a  failure 
by  such  witness  to  obey  the  same,  it  shall  be  the  duty 
of  the  said  commissioner  to  make  an  order  that  the  said  wit- 
ness be  arrested  and  brought  before  the  marshal  to  testify 
what  such  witness  may  know  in  relation  to  the  subject  matter 
of  inquiry.  Such  order  may  be  executed*  by  any  member  of 
the  police  force  by  aires  ting  and  bringing  such  mtness  be- 
fore the  said  mai'shal :  but  such  witness  shall  not  be  detained 
longer  than  is  necessary  to  take  such  testimony.  The  said 
fire  marshal  shall  have  the  authority,  at  all  times  of  the  day 
or  night,  in  performance  of  the  duties  imposed  by  the  pro- 
visions of  this  act  to  enter  upon  or  examine  any  building  or 
premises  where  any  fire  shall  have  occurred,  and  the  build- 


So  in  original . 


Department  of  Fire. 


160 


Title  XIIL 


ings  and  premises  a^ljoining  and  near  to  that  in  which  the 
fire  occurred. 

Chap.  373,  Laws  of  1889. 

^21.  It  shall  be  the  duty  of  the  commissioner  of  the  de- 
partment of  fire  to  supervise  and  direct  whenever  he  shall  be 
of  the  opinion  that  the  pubHc  interests  will  be  subserved 
thereby,  the  investigations,  examinations  and  proceedings  of 
said  fire  marshal  and  make  all  needful  and  proper  rules  and 
regulations  in  relation  to  the  duties  of  the  office  and  the 
manner  of  performing  the  same,  and  he  shall  detail  any 
members  of  the  department  to  aid  and  assist  in  the  per- 
formance of  such  duties :  and  upon  the  requisition  of  the  tire 
commissioner,  the  commissioner  of  ix>lice  and  excise  is  author- 
ized to  detail  any  member  of  the  police  force  to  aid  the  fire 
marshal  and  to  assist  in  the  performance  of  such  duties  as  in 
his  discretion  he  may  deem  tit  and  proper. 
Chap.  373,  Laws  of  1889. 

§  18.  There  shall  be  an  officer  to  be  a[)pointed  by  the  said 
commissioner  to  be  known  as  the  fire  marshal  of  the  City  of 
Brooklyn  who  shall  reside  in  Brooklvu.  He  shall  take  the 
constitutional  oath  of  office.  Upon  his  death,  resignation  or 
removal,  and  thereafter  as  often  as  a  vacancy  shall  occur  in 
said  office,  the  said  fire  commissioner  shall  appoint  a  proper 
person  to  l>e  said  fire  joarshal.  The  board  of  estimate  of  the 
City  of  Brooklyn  and  County  of  Kings,  or  a  majority  thereof, 
are  hereby  authorized  and  empowered  to  fix  the  salary  of  the 
fire  marshal  at  an  amount  not  less  than  twenty-five  hundred 
nor  more  than  thirty  five  hundred  dollars  per  annum.  He 
shall  rank  as  a  member  of  the  uniformed  fire  force  of  the 
department  of  fire,  and  shall  l>e  entitled  to  all  the  privileges 
and  immunities  there<3f  except  to  be  placed  on  the  pension 
roll  of  the  firemen's  insurance  fund.  The  business  office  of 
the  said  fire  marshal  shall  be  at  the  headquarters  of  the  said 
department. 

Chap.  445,  Laws  of  1892. 

§  20.  The  said  fire  marshal  shall  have  power  to  issue  a 
notice  in  the  nature  of  a  subpoena,  in  such  form  and  sub- 
scribed in  such  manner  as  the  said  commissioner  shall  pre- 


Title  XIII.  161  Department  of  Fire. 

scribe  to  compel  the  attendance  of  any  person  before  him  as 
a  witness  to  testify  in  relation  to  any  matter  which  is  hereby 
made  a  subject  of  inquiry  and  investigation  by  the  said  mar- 
shal. The  said  tire  marshal  shall  be  and  hereby  is  authorized 
to  administer  and  verify  oaths  and  affirmations  to  persons 
appearing  as  witnesses  before  him,  and  false  swearing  in  any 
matter  or  proceeding  aforesaid  shall  be  deemed  perjury,  and 
shall  be  punishable  as  such.  Upon  the  presentation  of  satis- 
factory proof  of  due  service  of  any  such  notice,  in  the  nature 
of  a  subpoena  upon  any  such  witness,  and  of  a  failure  by  such 
witness  to  obey  the  same  it  shall  be  the  duty  of  the  said  com- 
missioner to  make  an  order  that  the  said  witness  be  arrested 
and  brought  before  the  marshal  to  testify  what  such  witness 
may  know  in  relation  to  the  subject  matter  of  inquiry.*  Such 
order  may  be  executed  by  any  member  of  the  ix)lice  force  by 
arresting  and  bringing  such  witness  before  the  said  marshal ; 
but  such  witnesses  shall  not  be  detained  longer  than  is  neces- 
sary to  take  such  testimony.  The  said  lire  marshal  shall  have 
the  authority  at  all  times  of  the  day  and  night  in  performance 
of  the  duties  imposed  by  the  provisions  of  this  act  to  enter 
upon  or  examine  an}'  building  or  premises  where  any  fire 
shall  have  occurred,  and  the  buildings  and  premises  adjoin- 
ing and  near  to  that  in  which  the  fire  occurred.  In  case  of 
a  failure  to  testify  on  the  part  of  any  person  or  persons  as 
required  by  said  subpoena,  or  a  failure  or  refusal  on  their 
part  to  produce  any  such  books,  papers,  articles  or  documents 
in  his  or  their  possession,  or  under  his  or  their  control,  or  a 
failure  or  refusal  on  his  or  their  part  to  answer  any  question 
put  to  them  or  him  and  pertinent  thereto  upon  any  examina 
tion,  inquiry  or  investigation  as  aforesaid,  then  application 
may  be  made  by  the  said  fire  marshal  to  any  justice  of  the 
supreme  court  who  in  case  he  shall  decide  such  question  to 
be  pertinent  and  proper  to  be  answered  may  thereupon  cause 
the  person  or  persons  named  in  said  subpoena  to  be  arrested, 
and  may  punish  him  or  them  for  comtempt  of  the  orders  of 
said  court :  and  in  such  case  the  laws,  rules  and  proceedings 
relating  to  punishment  for  contempt,  and  usual  in  said  court, 
or  before  any  justice  thereof,  shall  be  applicable  thereto. 
Chap.  445,  Laws  of  1892. 

*  8o  iu  original  — 


Department  of  Fire. 


162 


Title  XIII. 


§  21.  It  shall  be  the  duty  of  the  commissioner  of  the  de- 
partment of  fire  to  supervise  and  direct  the  investigations, 
examinations  and  proceedings  of  said  fire  marshal  whenever 
he  shall  be  of  the  opinion  that  the  public  interest  will  be 
subserved  thereby,  and  to  make  needful  rules  and  regulations 
not  inconsistent  with  this  act  in  relation  to  the  duties  of  said 
fire  marshal,  and  he  may  detail  such  of  the  force  of  the  fire 
department  to  aid  the  fire  marshal  in  the  performance  of  his 
duties  as  he  may  deem  necessary.  Upon  the  requisition  of 
the  fire  commissioner  the  commissioner  of  police  and  excise 
is  hereby  authorized  to  detail  any  members  of  the  police 
force  to  aid  and  assist  the  fire  marshal  in  the  performance  of 
his  duties. 

Chap.  445,  Laws  of  1892. 

^  22.  The  fire  marshal  shall  have  authority  to  examine  and 
cause  to  be  examined  all  exposed  gas  jets  and  articles  lighted 
and  all  substances  so  exposed  and  placed  which,  in  his  opin- 
ion, may  be  liable  to  cause  conflagration  in  any  building, 
premises,  vessels  or  vehicle,  and  report  the  same  to  the  fire 
commissioner,  and  in  case  of  neglect  or  refusal  on  the  part 
of  the  owner  or  occupant  after  receiving  a  written  or  printed 
notice  from  the  fire  commissioner  to  alter  or  remove  such  ex- 
posed gas  jets,  articles  lighted  or  substances  exposed  in  such 
manner,  and  in  such  reasonable  time  as  the  tire  commissioner 
may  deem  necessary,  the,  party  offending  shall  forfeit  and  pay 
the  sum  of  fifty  dollai's,  and  for  every  twenty- four  hours 
after  the  time  allotted  as  aforesrid  lo  alter  or  remove,  the 
further  sum  of  ten  dollars.  The  attorney  of  the  city  shall,  in 
the  name  of  and  for  the  use  and  benefit  of  the  firemen's  in- 
surance fund,  sue  for  and  recover  and  collect  all  penalties 
and  costs  imposed  under  the  provisions  of  this  title  in  the 
manner  provided  for  in  actions  under  the  code  of  civil  pro- 
cedure. 

Chap.  445,  Laws  of  1892. 
§  18.  AA^henever  the  commissioners  of  fire  shall  be  of  opin- 
ion that  any  members  of  the  fire  department  deserves  pro- 
motion on  account  of  any  gallantry  or  meritorious  deed  in 
the  discharge  of  his  duty,  the  commissioner  may  rec- 
ommend   such    promotion  as    he  deems  fit  and  proper 


Title  XIII. 


163 


Bepartment  of  Fire, 


to  the  mayor,  and  he  shall  transmit  with  such  recommenda- 
tion a  fall  written  statement  of  the  deed  upon  which  such 
recommendation  is  based,  together  with  the  verified  state- 
ment of  at  least  two  witnesses  thereof,  if  there  be  such  num- 
ber, together  with  a  complete  record  of  the  person  recom- 
mended since  his  appointment  in  the  department.  It  shall 
be  the  dut}'  of  the  mayor  to  examine  into  such  application 
and  the  statement  submitted  therewith,  and  if  he  be  satisfied 
that  the  deed  was  one  of  exceptional  gallantry  and  bravery, 
he  may  approve  in  writing  the  application  of  the  commis- 
sioner, and  may  consent  to  the  promotion  recommended  or 
to  a  promotion  of  lesser  degree.  And  upon  approval  of  the 
majw,  as  aforesaid,  the  commissioner  hereby  is  authorized 
and  empowered  forthwith  to  promote  such  member  as  such 
promotion  may  be  approved  by  the  mayor,  provided  there  be 
a  vacancy,  and  if  there  be  no  vacancy,  then  existing,  it  shall 
be  the  duty  of  the  commissioner  to  write  the  name  of  such 
member  upon  a  list  which  shall  be  kept  in  the  department, 
to  be  known  as  "the  list  of  honor,"  together  with  the  date  of 
the  aj^proval  of  the  mayor  as  aforesaid  and  the  promotion  to 
which  he  is  entitled,  and  whenever  a  vacancy  occurs  which 
may  be  filled  from  such  list  in  order  of  seniority  thereon, 
and  said  commissioner  is  hereby  authorized  and  empowered 
to  make  such  promotion.  Such  promotions  as  are  hereby 
authorized  shall  be  made  irrespective  of  any  other  examina- 
tion or  qualification  whatever,  and  all  law$  and  i-egulations 
inconsistent  with  the  provisions  of  this  section  are  hereby  ex- 
pressly repealed  so  far  as  they  conflict  with  its  provisions. 
Chap.  578,  Laws  of  1893. 

§  18.  The  commissioner  of  fire  shall,  as  often  as  he  may 
think  proper,  examine  or  cause  to  be  examined  the  buildings 
and  dwelling  houses  and  the  vessels  and  venicles  in  the  city 
for  the  purpose  of  ascertaining  any  violation  of  any  law  or 
ordinance  enacted  for  the  prevention  of  fire,  and  also  the  said 
commissioner  shall  inspect,  or  cause  to  be  inspected,  the  fire 
places,  hearths,  chimneys,  stoves,  pipes  and  appurtenances 
thereto,  ovens,  boilers,  heateri*,  gas  jets,  all  chemical  appa- 
ratus and  other  things  and  substances  which  in  his  opinion, 
may  be  dangerous  in  causing  or  promoting  fire,  or  dangerous 


Department  of  Fire. 


164 


Title  XIII. 


to  firemen  or  to  occupauts  in  case  of  fire.  And  it  shall  be 
lawful  for  him.  or  any  inspector  or  member  of  the  depart- 
ment of  fire,  when  duly  authorized  by  the  said  commissioner 
to  enter  into  or  upon  any  lands  or  dwelling  houses,  vessels  or 
vehicles,  for  the  purpose  of  inspection  in  order  to  carry  out 
the  provisions  of  this  act,  and  it  shall  be  the  duty  of  any  such 
inspector  ( )r  member  of  the  fire  department  so  authorized, 
upon  finding  anything  defective  or  dangerous  to  immediately 
report  the  saiue  to  the  said  commissioner,  who  shall  direct 
the  owner  or  occupant  of  such  lands,  dwelling  houses,  vessels 
or  vehicles,  by  written  or  printed  notice,  to  alter,  remove  or 
amend  sucli  defective  or  dangerous  thing  in  such  manner 
and  within  such  reasonable  time  »s  he  may  deem  necessary, 
and  in  case  of  any  neglect  or  refusal  so  to  do  tbe  party  offend- 
ing shall  forfeit  and  pay  the  sum  of  twentv-five  dollars,  anrl 
for  every  forty -eight  hours  after  tbe  time  allotted  aforesaid 
to  altei",  remove  or  ameud  tbe  said  dangerous  or  defective 
thing  as  aforesaid  in  conformity  with  the  said  directions,  the 
party  or  parties  offending  shall  forfeit  and  pay  the  further 
sum  of  ten  dollars.  The  coi  poration  counsel  of  the  City  of 
Brooklyn  shall,  in  the  name  of,  and  for  the  use  and  benefit  of 
the  firemen's  insurance  fund,  sue  for  and  recover  and  collect 
all  penalties  and  costs  imposed  under  the  provisions  of  this 
title  in  the  manner  provided  in  the  code  of  civil  procedure. 
Chap.  449,  Laws  of  1892. 


TITLE  XIV. 

DEPARTMENT  OF  BUILDINGS. 

Section  1.  The  head  of  the  department  of  buildings  shall 
be  the  commissioner  of  buildings ;  he  shall  be  a  practical 
mason,  carpenter  or  architect  of  at  least  ten  years'  experience  ; 
he  shall  have  sole  and  exclusive  control  and  management  of 
all  matters  relating  to  the  regulation  and  supervision  of  the 
erection,  alteration  and  repair  of  all  buildings  within  the  City 
of  Brooklyn,  and  is  charged  with  the  execution  of  the  provi- 
sions of  this  act  relating  to  buildings,  as  hereinafter  provided. 
He  shall  appoint  such  inspectors,  clerks,  experts  and  such 
other  subordinates  as  in  his  judgment  may  be  necessary  to 
carry  out  and  enforce  the  provisions  of  this  act,  and  fix  their 
salaries  :  the  inspectors  of  buildings  shall  be  practical  masons 
or  carpenters  of  at  least  ten  years'  experience  ;  the  inspector 
of  elevators  shall  be  practical  machinists  :  the  experts  shall 
be  practical  builders,  architects  or  engineers,  and  competent 
to  pass  on  all  plans  and  questions  relating  to  buildings  of  any 
kind.  The  commissioner  shall  have  full  power  to  revoke  and 
cancel  any  permit  or  certificate  of  approval  granted  by  him 
in  case  the  person  or  persons  to  whom  the  same  is  issued  fails 
or  neglects  to  comply  with  any  of  the  provisions  of  this  title, 
or  of  any  law  relating  to  buildings  in  the  Clity  of  Brooklyn. 

4j  2.  No  wall,  structure,  building  or  part  thereof,  shall  here- 
after be  built,  constructed,  altered  or  repaired  in  the  City  of 
Brooklyn  except  in  conformity  with  the  provisions  of  this 
title.  No  buildings  already  erected,  or  hereafter  to  be  built  in 
said  city,  shall  be  raised,  altered  or  built  upon  in  any  manner 
that  would  be  in  violation  of  any  of  the  provisions  of  this  title. 

^  3.  The  walls  of  all  buildings,  other  than  frame  or  wooden 
buildings,  shaU  be  constructed  of  stone,  brick,  iron  or  other 
hard  incombustible  material,  and  the  several  component  parts 
of  such  buildings  shall  be  as  hereinafter  provided. 

^  4.  All  excavations  shall  be  properly  guarded  and  pro- 
tected so  as  to  prevent  the  same  from  becoming  dangerous  to 
life  or/limb,^and  shaUbe  sheet  piled  wh^renecessaij,  by  the 


Department  of  Buildings.      160  Title  XIV. 

pei-son  or  persons  causing  the  excavations  to  be  made,  to  pre- 
vent the  adjoining  eartli  from  caving  in.  Whenever  an  exca 
vation  of  either  earth  or  rock  for  building  or  other  purposes, 
shall  be  intended  to  be,  or  shall  be  carried  to  the  depth  of 
more  than  ten  feet  below  the  curb,  the  person  or  persons 
causing  such  excavation  to  be  made  shall,  at  all  times,  from 
the  commencement  to  the  completion  thereof,  if  afforded  the 
necessary  license  to  enter  on  the  adjoining  land  and  not  other 
wise,  at  his  or  their  own  expense,  preserve  any  adjoining  or 
contiguous  wall  or  walls  from  injury,  and  support  the  same 
by  proper  foundations,  so  that  the  said  wall  or  walls  shall  be 
and  remain  practically  as  safe  as  before  such  excavation  was 
commenced,  whether  the  said  jidjoining  or  contiguous  wall  or 
walls  are  down  more  or  less  than  ten  feet  below  the  curb.  If 
such  excavation  shall  not  be  intended  to  be,  or  shall  not  be 
caiTied  to  a  depth  of  more  than  ten  feet  below  the  curb,  the 
owner  or  uwuersof  such  atljoining  or  contiguous  wall  or  walls 
shall  preserve  the  same  from  injury,  and  so  support  the  same 
by  proper  foundations  that  it  or  they  shall  be  and  remain 
practically  as  safe  as  before  such  excavation  was  commenced, 
and  shall  be  permitte<l  to  enter  upon  the  premises  where  such 
excavation  is  being  made  for  that  purpose,  when  necessary. 
In  case  an  adjoining,  party  wall  is  intended  to  be  used  by  the 
person  or  persons  causing  the  excavation  to  be  made,  and 
such  party  wall  is  iu  good  condition  and  sufficient  for  the 
uses  of  the  adjoining  building,  then,  and  in  such  case,  the 
person  or  persons  causing  the  excavation  to  be  made  shall, 
at  his  or  their  own  expense,  preserve  such  party  wall  from 
injury,  and  support  the  same  by  proper  foundations  so  that 
said  party  wall  shall  be  and  remain  practically  as  safe  as 
before  the  excavation  was  commenced.  If  the  person  or  per 
sons  whose  duty  it  shall  be  to  preserve  or  protect  any  wall 
or  walls  from  injury  shall  neglect  or  fail  so  to  do  after 
having  had  a  notice  of  twent5'-four  hours  from  the  commis- 
sioner of  buildings,  then  the  commissioner  of  buildings  may 
enter  on  the  premises  and  employ  such  labor  and  furnish 
such  materials,  and  take  such  steps  as,  in  his  judgment,  may 
be  necessary  to  make  ihe  same  safe  and  secure,  or  to  prevent 
the  same  from  becoming  unsafe  or  dangerous  at  the  expense 
of  the  party,  or  parties  last  herein  referred  to.    Any  party 


Title  XIV. 


167     Department  of  Buildings. 


doing  the  said  work  or  any  part  thereof,  under  and  by  direc- 
tion of  said  commissioner  may  bring  and  maintain  an  action 
against  the  party  or  parties  last  herein  referred  to,  to  recover 
the  value  of  the  work  done  and  materials  furnished  on  said 
premises,  and  may  file  and  enforce  a  notice  of  lien  therefor  in 
the  same  manner  as  if  he  or  they  had  been  employed  to  do 
the  work  by  the  said  party  or  parties.  When  an  excavation 
is  made  on  any  lot  and  it  is  intended  to  use  part  of  such  exca- 
vation, on  either  the  side  or  the  rear  of  the  lot,  as  an  area,  or 
space  for  light  and  air,  the  person  or  persons  causing  such 
excavation  to  be  made,  shall  build  at  his  or  their  own  cost 
and  expense,  a  retaining  wall  of  sufficient  strength  and 
height  to  support  the  adjoining  earth. 

§  5.  Every  building  except  buildings  erected  upon  wharves 
or  piers  on  the  water  front,  shall  have  foundations  laid  not 
less  than  four  feet  below  the  surface  of  the  earth,  on  the  solid 
ground  or  level  surface  of  rock,  or  upon  piles  or  ranging  tim- 
bers. Piles  intended  for  a  wall,  pier  or  post  to  rest  upon, 
shall  not  be  less  than  five  inches  in  diameter  at  the  smallest 
end,  and  shall  be  spaced  not  more  than  thirty  inches  from 
centers,  or  nearer  if  required  by  the  commissioner  of  buildings, 
and  they  shall  be  driven  to  a  solid  bearing.  No  pile  shall  be 
weighted  with  a  load  exceeding  thirty  thousand  pounds.  The 
tops  of  all  piles  shall  be  cut  off  below  the  lowest  water  line. 
When  required  concrete  shall  be  rammed  down  in  the  inter- 
spaces between  the  heads  of  the  piles  to  a  depth  and  thick- 
ness of  not  less  than  twelve  inches  and  for  one  foot  in  width 
outside  of  the  piles.  When  concrete  is  used  on  top  of 
jnles  it  shall  be  composed  of  hydraulic  cement,  broken  stone" 
and  sand,  mixed  in  proper  proportions,  not  less  than 
twelve  inches  thick  and  twelve  inches  outside  of  the  piles, 
and  twelve  inches  below  the  top  of  the  piles.  When  ranging 
and  capping  timbers  are  laid  on  piles  for  foundations,  they 
shall  be  of  hard  wood  not  less  than  six  inches  thick  and  prop- 
erly joined  together,  and  their  tops  laid  below  the  water  line, 
the  heads  of  the  piles  shall  be  cut  to  a  straight  line  so  that 
the  capping  timber  shall  have  a  solid  bearing  on  the  head  of 
each  pile.  When  crib  footings  of  iron  or  steel  aie  used  below 
the  water  level,  the  same  shall  be  entirely  coated  with  coal 


Department  of  Buildings.      l«8  Title  XIV. 

tar,  pai^aline  varnish,  or  other  suitable  preparation,  before 
being  placed  in  position.  When  footings  of  iron  or  steel  for 
columns  are  placed  below  the  water  level,  they  shall  be  simi- 
larly coated  for  preservation  against  rust.  Foundation  walls 
shall  be  construed  to  include  all  walls  and  piers  built  below 
the  curb  level,  or  nearest  tier  of  beams  to  the  curb,  to  serve 
as  supports  for  walls,  piers,  columns,  girders,  posts  or  beams. 
Foundation  walls  shall  be  built  of  stone  or  brick.  If  built  of 
stone  they  sball  be  at  least  eight  inches  thicker  than  the  wall 
next  above  them,  to  a  depth  of  twelve  feet  below  the  curb 
level,  and  for  every  additional  ten  feet,  or  part  thereof,  deeper, 
they  shall  be  increased  four  inches  in  thickness.  If  built  of 
brick  they  shall  be  at  least  four  inches  thicker  than  the  v/all 
next  above  them  to  a  depth  of  twelve  feet  below  the  curb 
level,  and  for  every  additional  ten  feet,  or  part  thereof,  deeper^ 
they  shall  be  increased  four  inches  in  thickness.  The  footing 
or  base  course  shall  be  of  stone  or  concrete,  or  both,  or  of 
concrete  and  stepped-up  brickwork,  of  sufficient  thickness  and 
area  to  safely  bear  the  weight  to  be  imposed  thereon.  If  the 
footing  or  base  course  be  of  concrete,  the  concrete  shall  not 
be  less  than  twelve  inches  thick.  If  of  stone,  the  stones  shall 
not  be  less  than  two  by  three  feet,  and  at  least  eight  inches  in 
thickness  for  walls,  and  at  least  twelve  inches  wider  than  the 
bottom  width  of  said  w^alls,  and  not  less  than  ten  inches  in 
thickness  if  under  piers,  columns  or  posts,  and  at  least  twelve 
inches  wider  on  all  sides  than  the  bottom  width  of  said  piers, 
columns  or  posts.  All  base  stones  sha^  be  well  bedded,  and 
laid  crosswise,  edge  to  edge.  If  stepped-up  footings  of  brick 
are  used  in  place  of  stone  above  the  concrete,  the  steps,  or 
offsets,  if  laid  in  single  courses,  shall  not  exceed  one  and  one- 
half  mches,  or  if  laid  in  double  courses,  then  each  shall  not 
exceed  three  inches,  starting  with  the  brickwork  covering  the 
entire  width  of  the  concrete,  so  as  to  properly  distribute  the 
load  to  be  imposed  thereon.  If,  in  place  of  a  continuous 
foundation  wall,  isolated  j)iers  are  to  be  built  to  support  the 
superstructure,  where  the  nature  of  the  ground  and  the  char- 
fiCter  of  the  building  make  it  necessary,  inverted  arches  shall 
be  turned  between  the  piers,  at  least  twelve  inches  thick  and 
of  the  full  width  of  the  piers,  and  resting  upon  a  continuoug. 
bed  of  concrete  of  sufficient  area,  and  at  least  eighteen  inches 


Title  XIV. 


169     Department  of  Buildings- 


thick,  or  two  footing  courses  of  large  stoue  may  be  used,  the 
bottom  course  laid  crosswise,  edge  to  edge,  and  the  top  coui*se 
laid  lengthwise,  end  to  end,  or  one  course  of  concrete  and  one 
of  stone.  The  stone  shall  not  be  less  than  ten  inches  thick 
in  each  course,  and  the  conc"*ete  shall  not  be  less  than  eighteen 
inches  thick,  and  the  area  of  the  lower  course  shall  be  equal 
to  the  area  of  the  base  course  that  would  be  required  under 
a  continuous  wall,  and  the  outside  piers  shall  be  secured  to 
the  second  pier  with  suitable  iron  rods  and  plates.  All  stone 
walls  twenty-four  inches  or  less  in  thickness  shall  have  at  least 
one  header  extending  through  the  wall  in  every  three  feet  in 
height  from  the  bottom  of  the  wall,  and  in  every  four  feet  in 
length,  and  if  over  twenty-four  inches  in  thickness  shall  have 
one  header  for  every  six  superficial  feet  on  both  sides  of  the 
wall,  and  running  into  the  wall  at  least  two  feet.  All  headei-s 
shall  be  at  least  eighteen  inches  in  width  and  eight  inches  in 
thickness  and  consist  of  good  flat  stone.  No  stone  shall  be 
laid  in  such  walls  in  any  other  position  than  on  its  natural 
bed. 

§  6.  In  buildings,  where  the  space  under  the  sidewalk  is 
ntiUzed,  a  sufficient  stone  or  brick  wall  shall  be  built  to  retain 
the  roadway  of  the  street,  and  the  side,  end  or  party  walls  of 
such  building  shall  extend  under  the  sidewalk,  of  sufficient 
thickness,  to  such  walls.  The  roofs  of  all  vaults  shall  be  of 
incombustible  material.  Openings  in  the  roofs  of  vaults  for 
the  admission  of  coal  or  light  shall  be  covered  with  lights  of 
glass  in  iron  frames,  or  with  iron  covers  having  a  rough  sur- 
face, and  rabbited  flush  with  the  sidewalk  :  these  lights 
shall  not  be  more  than  four  inches  square.  When  areas  are 
<50vered,  iron,  or  iron  and  glass  combined,  stone  or  other  in- 
combustible materials  shall  be  used,  and  sufficient  strength 
in  such  covering  shall  be  provided  to  insure  safety  to  persons 
walking  on  the  same,  and  to  carry  the  loads  which  may  be 
placed  thereon.  Open  areas  shall  be  properly  protected  with 
suitable  railings. 

§  7.  The  party-walls  of  dwelling  houses  not  over  twenty 
feet  in  width  and  foity-five  feet  in  depth  and  thirty-five  feefc 
in  height,  if  built  of  brick,  may  be  eight  inches  in  thickness, 
but  no  eight-inch  bearing  wall  shall  be  built  below  curb 


Department  of  Buildings.      170  Title  XIV. 

level,  and  no  front,  side  or  rear  wall  shall  be  less  than  twelve 
inches  in  thickness.  The  walls  of  all  dwelling  houses, 
whether  called  tenement  houses,  apartment-houses,  flats,, 
hotels,  or  other  buildings,  which  are  to  be  used  for  residence 
purposes,  twentv-six  feet  or  less  in  width  between  bearing 
walls,  and  also  the  walls  of  school-houses,  which  are  here- 
after erected,  or  which  may  be  altered  to  be  used  as  herein 
specified,  over  thirty-five  feet  in  height  and  not  over  fifty  feet 
in  height  shall  not  be  less  than  twelve  inches  thick  above  the 
foundation  wall :  but  no  wall  shall  be  built  having  a  twelve- 
inch  thick  portion  measuring  vertically  more  than  fifty-feet. 
If  over  fifty  feet  in  height,  and  not  over  sixty  feet  in  height, 
the  walls  shall  not  be  less  than  twelve  inches  thick  above  the 
basement,  if  a  high-stoop  house,  and  not  less  than  six- 
teen inches  thick  in  the  first  story,  if  not  a  high-stoop 
house.  If  over  sixty  feet  in  height,  and  not  over 
seventy-five  feet  in  height,  the  walls  shall  not  be  less 
than  sixteen  inches  thick  to  the  height  of  twenty-five 
feet,  or  to  the  nearest  tier  of  beams  to  that  height,  and  from 
thence  not  less  than  twelve  inches  thick  to  the  top.  If  over 
seventy-five  feet  in  height,  and  not  over  eighty-five  feet  in 
height,  the  walls  shall  not  be  less  than  twenty-inches  tnick  to 
the  height  of  twenty  feet,  or  to  the  nearest  tier  of  beams  to- 
that  height,  thence  not  less  than  sixteen  inches  thick  to  the 
height  of  sixty  feet,  or  to  the  nearest  tier  of  beams  to  that 
height,  and  from  thence  not  less  than  twelve  inches  thick  to 
the  top.  If  over  eighty-five  feet  in  height,  and  not  over  one 
hundred  feet  in  height,  the  walls  shall  not  be  less  than 
twenty-four  inches  thick  to  the  height  of  thirty-five  feet,  or  ta 
the  nearest  tier  of  beams  to  that  height,  thence  not  less  than 
twenty  inches  thick  to  the  height  of  seventy-five  feet,  or  to 
the  neaiest  tier  of  beams  to  that  height,  and  from  thence 
not  less  than  sixteen  inches  thick  to  the  top.  If  over  one 
hundred  feet  in  height,  and  not  over  one  hundred  and  fifteen 
feet  in  height,  the  walls  shall  not  be  less  than  twenty-eight 
inches  thick  to  the  height  of  twenty-five  feet,  or  to  the  nearest 
tier  of  beams  to  that  height,  thence  not  less  than  twenty-four 
inches  thick  to  the  height  of  fifty  feet,  or  to  the  nearest  tier 
of  beams  to  that  height,  thence  not  less  than  twenty  incheg 
thick  to  the  height  of  ninety  feet,  or,  the  nearest  tier  of  beamg. 


Title  XIV. 


171     Department  of  Buildings- 


to  that  height,  and  from  thence  not  less  than  sixteen  inches 
thick  to  the  top.  If  over  one  hundred  and  fifteen  feet  in 
height,  each  additional  twenty-five  feet  in  height  or  part 
thereof,  next  above  the  curb,  shall  be  increased  four  inches 
in  thickness,  the  upper  one  hundred  and  fifteen  feet  of  wall 
remaining  the  same  as  specified  for  a  wall  of  that  height. 
All  non-bearing  walls  of  buildings  hereinbefore  in  this  sec- 
tion spiBcified  may  be  four  inches  less  in  thickness ;  provided, 
however,  that  none  are  less  than  twelve  inches  thick,  excej)t 
as  hereinafter  specified.  Eight-inch  brick  partition  walls 
may  be  built  to  suppoH  the  beams  in  such  buildings  in  which 
the  distance  between  the  walls  is  not  over  thirty-three  feet, 
provided  that  no  clear  span  is  over  twenty-six  feet ;  but  no 
such  partition  wall  shall  be  built  having  an  eight-inch  thick 
portion  measuring  vertically  more  than  fifty  feet.  This 
clause  shall  not  be  construed  to  prevent  the  use  of  iron  or 
steel  girders  or  iron  or  steel  girders  and  columns,  or  piers  of 
masonry,  for  the  support  of  the  walls  and  ceilings  over  any 
room  which  has  a  clear  span  of  more  than  twenty-six  feet  be- 
tween walls,  in  such  buildings  as  are  not  fire-proof,  nor  to 
prevent  the  use  of  iron  or  steel  girders  and  columns  instead 
of  brick  partition  walls,  in  fire-proof  buildings  for  residences, 
•constructed  pursuant  to  the  provisions  of  section  fifteen.  If 
the  clear  span  is  to  be  over  twenty-six  feet,  then  the  bearing 
walls  shall  be  increased  four  inches  in  thickness  for  every 
twelve  and  one-half  feet,  or  part  thereof,  that  said  span  is 
over  twenty-six  feet,  or  shall  have  instead  of  the  increased 
thickness  such  piers  or  buttresses  as  in  the  judgment  of  the 
commissioner  of  buildings  may  be  necessary. 

§  8.  The  walls  of  all  warehouses,  stores,  factories  and 
stables  twenty  five  feet  or  less  in  width  between  w  alls  or 
bearings,  shall  not  be  less  than  twelve  inches  thick,  to  the 
height  of  forty  feet.  If  over  forty  feet  in  height  and  not 
over  sixty  feet  in  height,  the  walls  shall  not  be  less  than  six- 
teen inches  thick  to  the  height  of  forty  feet,  or  to  the  nearest 
tier  of  beams  to  that  height,  and  from  thence  not  less  than 
twelve  inches  thick  to  the  top.  If  over  sixty  feet  in  height, 
and  not  over- seventy-five  feet  in  height,  such  walls  shall  not 
be  less  than  twenty  inches  thick  to  the  height  of  twenty-five 


Department  of  Buildings.      172  Title  XIV. 

feet  or  to  the  nearest  tier  of  beanas  to  that  height,  and  from 
thence  not  less  than  sixteen  inches  thick  to  the  top.  If 
over  seventy-five  feet  in  height,  and  not  over  eighty-five 
feet  in  height,  such  walls  shall  not  be  less  than 
twenty-four  inches  thick  to  the  height  of  twenty  feet,  or  to 
the  nearest  tier  of  beams  to  that  height  :  thence  not  less  than 
twenty  inches  thick  to  the  height  of  sixty  feet,  or  to  the  near- 
est tier  of  beams  to  that  height,  and  thence  not  less  than  six- 
teen inches  thick  to  the  top.  If  over  eighty  five  feet  in  height, 
and  not  over  one  hundred  feet  in  height,  such  walls  shall 
not  be  less  than  twentj'-eight  inches  thick  to  the  height  of 
twenty-five  feet,  or  to  the  nearest  tier  of  beams  to  that  height: 
thence  not  less  than  twenty-four  inches  thick  to  the  height 
of  fifty  feet,  or  to  the  nearest  tier  of  beams  to  that  height : 
thence  not  less  than  twenty  inches  thick  to  the  height  of 
seventy-five  feet,  or  to  the  nearest  tier  of  beams  to  that 
height,  and  thence  not  less  than  sixteen  inches  thick  to  the 
top.  If  over  one  hundred  feet  in  height,  each  additional 
twenty  five  feet  in  height,  or  part  thereof,  next  above  the 
curb,  shall  be  increased  four  inches  in  thickness,  the  upper 
one  hundred  feet  of  wall  remaining  the  same  as  specified  for 
a  wall  of  that  height.  If  there  is  to  be  a  clear  span  of  over 
twenty-five  feet  between  such  walls,  the  bearing  w  alls  shall 
be  four  inches  more  in  thickness  than  is  in  this  section  speci- 
fied for  every  twelve  and  one  half  feet,  or  fraction  thereof, 
that  said  walls  are  more  than  twenty -five  feet  apai-t,  or  shall 
have,  instead  of  the  increased  thickness,  such  piers  or  but- 
tresses as  in  the  judgment  of  the  commissioner  of  buildings 
may  be  necessary.  All  buildings,  not  excepting  dwelhngs, 
that  are  over  one  hundred  and  five  feet  in  depth,  without  a 
cross  wall  or  proper  piers  or  buttresses,  shall  have  the  side 
or  bearing  walls  increased  in  thickness  four  inches  more  than 
is  specified  in  the  respective  sections  of  this  title  for  the 
thickness  of  walls  for  every  one  hundred  and  five  feet,  or 
pai't  thereof,  that  said  buildings  are  over  one  hundred  and 
five  feet  in  depth.  In  all  stores,  warehouses  and  factories 
over  twenty-five  feet  in  width  between  walls  in  which  there 
shall  be  brick  partition  walls,  or  girders  supported  on  iron 
or  wooden  columns  or  piers  of  masonry,  the  partition  walls 
or  girders  shall  be  so  placed  that  the  space  between  any  two 


Title  XIV. 


173     Department  of  Building^s. 


partition  walls  or  girders  shall  not  exceed  twenty-five  feet, 
and  the  iron  or  wooden  columns  or  piers  of  masonary  and 
girders  shall  be  made  of  sufficient  strength  and  size  to  bear 
safely  the  weight  and  any  lateral  strain  to  be  imposed  upon 
them.  In  case  iron  or  wooden  girders,  supported  by  iron  or 
wooden  columns  or  piers  of  masonry  are  substituted  in  place 
of  brick  partition  walls,  the  building  may  be  seventy -five  feet 
wide  and  two  hundred  and  ten  feet  deep,  and  when  the 
I)uildiiig  is  located  on  a  corner  it  may  be  one  hundred  feet 
wide  and  one  hundred  and  five  feet  deep,  but  not  wider  or 
•deeper  except  in  <58^e  of  fireproof  buildings,  which  may  be 
constructed  as  heieinaiter  provided.  In  case  the  walls  of 
any  building  are  less  than  twenty-five  feet  apart,  and  less 
than  forty  feet  in  depth,  or  there  are  cross  walls  which  inter- 
sect the  walls,  not  more  than  forty  feet  distant  or  between 
the  same,  or  piers  or  buttresses  built  into  the  walls,  the  in- 
terior walls  may  be  reduced  in  thickness  in  just  proportion 
to  the  number  of  cross  walls,  piers  or  buttresses,  and  their 
nearness  to  each  other ;  provided,  however,  that  this  clause 
shall  not  apply  to  walls  below  sixty  feet  in  height,  and  that 
no  such  wall  shall  be  less  than  twelve  inches  thick  at  the  top, 
^and  gradually  increased  in  thickness  by  set-off  to  the  bottom. 
The  commissioner  oi  buildings  is  hereby  authorized  and  em- 
powered to  decide  (except  where  herein  otherwise  provided) 
according  to  the  peculiar  circumstances  of  each  case,  without 
endangering  the  strength  and  safety  of  the  building,  how 
much  the  walls  herein  mentioned  may  be  permitted  to  be  re- 
duced in  thickness. 

§9.  The  walls  of  churches,  theaters,  foundries,  machine  shops, 
•car  or  stage-houses,  armories,  public  markets  not  over  two  stor- 
ies in  height,  and  other  buildings  of  a  public  character,  shall 
not  be  less  than  is  in  this  title  specified  for  warehouses,  with 
such  piers  or  buttresses  as  in  the  judgment  of  the  commis- 
sioner of  buildings  may  be  necessary  to  make  a  safe  and  sub- 
stantial building.  One  story  structures  not  exceeding  a 
height  of  fifteen  feet  may  be  built  with  eight-inch  walls  when 
the  bearing  walls  are  not  more  than  nineteen  feet  apart  and 
the  length  of  the  eight-inch  bearing  walls  does  not  exceed 
fifty-five  feet.     Curtain  walls  of  brick,  built  in  between  iron 


Department  of  Buildings.  174 


Title  XIV. 


or  steel  columns,  and  supported  wholly  or  in  part  on  iron  or 
steel  f]firders,  shall  not  be  less  than  twelve  inches  thick  for 
fifty  feet  of  the  up^^ermost  height  thereof,  or  to  the  nearest 
tier  of  beams  to  that  measurement  in  any  building  so  con- 
structed, and  every  lower  section  of  fifty  feet,  or  to  the  nearest 
tier  of  beams  to  such  vertical  measurement,  or  part  thereof, 
shall  have  a  thickness  of  four  inches  more  than  is  required 
for  the  section  next  above  it  down  to  the  tier  of  beams  nearest 
to  the  curb  level,  and  thence  downwardly,  the  thickness  of 
walls  shall  increase  in  the  ratio  hereinbefoi*e  prescribed  for 
foundation  walls. 

?  10.  In  all  walls  the  same  amount  of  materials  may  be 
used  in  piers  or  buttresses.  Curtain  walls  may  be  made  four 
inches  less  in  thickness  than  is  specified,  respectively,  for 
walls  of  dwellings  and  buildings  other  than  dwellings,  but  no 
curtain  walls  shall  be  less  than  twelve  inches  thick.  If  any 
horizontal  section  through  any  part  of  any  bearing  wall  in 
any  building  shows  more  than  twenty -five  per  centum  area  of 
flues  and  openings  the  said  wall  shall  be  increased  four  inches 
in  thickness  for  eveiy  ten  per  centum,  or  fraction  thereof,  of 
flue  or  o|)ening  area  in  excess  of  twenty-five  per  centum. 
Every  pier  built  of  brick  containing  less  than  nine  superficial 
feet  at  the  base,  supporting  any  beams,  girders,  ai*ch  or  col- 
umn on  which  a  wall  rests,  or  lintel  spanning  an  opening 
over  ten  feet,  and  supporting  a  wall  shall,  at  intervals  of  not 
over  thirty-six  inches  apart  in  height,  have  built  into  it  a  bond 
stone  not  less  than  foui*  inches  thick,  or  a  cast-iron  plate  of 
sufficient  strength  and  the  fuU  size  of  the  piers.  All  piers 
shall  be  built  of  stone  or  good,  hard,  well-burnt  brick,  laid  in 
cement  mortal*.  For  piers  fronting  on  the  street  the  bond 
stones  may  conform  with  the  kind  of  stone  used  for  the  trim- 
mings of  the  front.  Isolated  brick  piers  shall  not  exceed  in 
height  eight  times  theii-  least  dimensions.  Stone  posts  for 
the  support  of  posts  or  columns  above  shall  not  be  used  in 
the  interior  of  any  building.  Where  waUs^'or  piers  ai-e  built 
of  coursed  stones  with  dressed  level  beds  and^veiiical  joints, 
the  commissioner  of  buildings  shall  have  the  right  to  aUow 
such  walls  or  piers  to  be  built  of  a  less  thickness  than  speci- 
fied for  brick  work,  but  in  no  case,  shall  said^waUs  or  piers  be 


Title  XIV,  175     Department  of  Buildings, 

lees  than  thi'ee  quarters  of  the  tbickness  provided  for  brick- 
work. All  bearing  walls  faced  with  brick  laid  in  running 
bond  shall  be  four  inches  thicker  than  the  walls  are  required 
to  be  under  any  section  of  this  title.  In  all  brick  walls  every 
sixth  course  shall  be  a  heading  course,  except  where  walls 
are  faced  with  brick  in  running  bond,  in  which  latter  case 
every  sixth  course  shall  be  bonded  into  the  backing  by 
cutting  the  course  of  the  face  brick,  and  putting  in 
diagonal  headers  behind  the  same,  or  by  splitting  the  face 
brick  in  half  and  backing  the  same  with  a  continuous  row 
of  headers.  All  stone  used  for  the  facing  of  any  building 
and  known  as  ashlar,  shall  not  be  less  than  four  inches 
thick.  Stone  ashlar  shall  be  anchored  to  the  backing  and 
the  backing  shall  be  of  such  thickness  as  to  make  the  walls 
independent  of  the  ashlar,  conform  as  to  the  thickness  with 
the  requirements  of  this  title  relating  to  thickness  of  walls. 
Iron  ashlar  plates  used  in  imitation  of  stone  ashlar  on  the 
face  of  the  wall  shall  be  backed  up  with  the  same  thickness 
of  brick  work  as  stone  ashlar.  Walls  heretofore  built  for  or 
used  as  party-walls,  whose  thickness  at  the  time  of  their 
erection  was  in  accordance  with  the  requirements  of  the  then 
existing  laws,  but  which  are  not  in  accordance  with  the  re- 
quirements of  this  title,  may  be  used,  if  in  good  condition, 
for  the  ordinary  uses  of  party- walls,  provided  the  height  of 
the  same  be  not  increased.  In  case  it  is  desired  to  increase 
the  height  of  existing  party  or  independent  walls,  which 
walls  are  less  in  thickness  than  required  under  this  title,  the 
same  shall  be  done  by  a  lining  of  brickwork  to  form  a  com- 
bined thickness  with  the  old  walls  of  not  less  than  four  inches 
more  than  the  thickness  required  for  a  new  wall  correspond- 
ing with  the  total  height  of  the  wall  when  so  increased  in 
height.  The  said  lining  shall  be  supported  on  proper  foun- 
dations and  carried  up  to  such  heights  as  the  commissioner 
of  buildings  may  require.  No  lining  shall  be  less  than  eight 
inches  in  thickness,  and  all  linings  shall  be  laid  up  in  cement 
mortar  and  thoroughly  anchored  to  the  old  brick  waUs  with 
suitable  wrought-iron  anchors  placed  two  feet  apart  and 
properly  fastened  or  driven  into  the  old  walls  ia  rows  alternat- 
ing vertically  and  horizontally  with  each  other,  the  old  walls 
being  first  cleaned  of  plaster  or  other  coatings  where  any 


I 


Department  of  Buildings.  I7t; 


Title  XIV. 


lining  is  to  be  built  against  the  same.  In  no  case  shall  any 
wall  or  walls  of  an}'  buildings  be  carried  up  more  than  two 
stories  in  advance  of  any  other  wall,  except  by  permission  of 
the  commissioner  of  buildings.  The  front,  rear,  side  and 
party-walls  shall  be  properly  bonded  together  or  anchored 
to  each  other  every  four  feet  in  their  height  by  wrought- 
iron  tie  anchors  not  less  than  one  and  one-half  inches  by 
three  eights  of  an  inch  in  size.  The  side  an9hors  shall 
be  built  into  the  side  or  party-wall  not  less  than 
sixteen  inches,  and  into  the  front  and  rear  walls,  so 
as  to  secure  the  front  and  rear  walls  to  the  side 
or  part}'  walls  when  not  built  and  bonded  together. 
The  walls  and  beams  of  every  building,  during  the  erection 
or  alteration  thereof,  shall  be  strongly  braced  from  the  beams 
of  every  story,  and  when  required  shall  also  be  braced  from 
the  outside  until  the  building  is  inclosed.  The  roof  tier  of 
wooden  beams  shall  be  safely  anchored  svith  plank  or  joist  to 
the  beams  of  the  story  below  until  the  building  is  inclosed. 

11.  The  walls  of  all  buildings  below  the  curb  level,  or  the 
first  tier  of  floor  beams  nearest  thereto,  shall  be  laid  in  ce- 
ment mortar.  The  backing  up  of  all  stone  ashlar  shall  also 
be  laid  in  cement  mortar,  but  this  shall  not  prevent  the  par- 
getting of  the  back  of  the  stone  ashlar  with  lime  mortar. 
All  other  walls  that  are  built  of  brick  or  stone  shall  be  laid 
in  lime  mortar  or  cement  mortar,  or  lime  and  cement  mortar 
mixed.  In  all  walls  that  are  built  hollow  the  same  quantity 
of  stone  or  brick  shall  be  used  in  their  construction  as.  if  they 
were  built  sohd,  as  in  this  title  provided ;  and  no  hollow 
walls  shall  be  built  unless  the  parts  of  the  same  are  con- 
nected by  proper  ties  of  brick,  stone  or  iron,  placed  not  over 
twenty-four  inches  apart.  The  inside  four  inches  of  all  walls 
may  be  built  of  hard- burnt  hollow  clay  or  porous  terra  cotta 
blocks,  of  the  dimensions  of  ordinary  bricks,  properly  tied 
and  bonded,  as  is  hereinbefore  provided  with  respect  to  brick 
walls.  All  exterior  and  division  or  party  walls  over  fifteen 
feet  high,  excepting  where  such  walls  are  to  be  finished  with 
cornices,  gutters  or  crown  moldings,  shall  have  parapet  walls 
carried  one  foot  above  the  roof,  and  shall  be  coped  or  covered 
with  stone,  well-burnt  terra  cotta,  cast-iron  or  other  metal. 


Title  XIV.  177     Department  of  Buildings. 

Recesses  for  stairs  and  elevators  may  be  left  in  the  founda- 
tion or  cellar  walls  of  all  buildings,  but  in  no  case  shall  the 
walls  be  of  less  thickness  than  the  walls  of  the  third  story, 
unless  reinforced  by  additional  piers  with  iron  carders,  or 
iron  colunans  and  girders,  securely  anchored  to  the  walls 
on  each  side.  No  chase  for  water  or  other  pipes  shall 
be  njade  in  any  pier  and  in  no  wall  more  than  one-half 
of  its  thickness,  and  the  chase  around  said  pipe  or  pipes 
shall  be  filled  up  with  solid  masonry  for  the  space  of 
one  foot  at  the  top  and  bottom  of  each  story.  Recesses  for 
alcoves  and  similar  purposes  shall  not  be  deeper  than  eight 
inches,  and  in  no  case  shall  there  be  less  than  eight  inches  of 
brick-work  at  the  back  of  such  recesses,  provided  that  such 
recesses  shall  not  be  more  than  eight  feet  in  width,  and  shall 
be  arched  over  and  not  carried  up  higher  than  eighteen 
inches  below  the  bottom  of  the  beams  of  the  floor  next  above. 
The  aggregate  area  of  recesses  in  any  wall  shall  not  exceed 
one-fourth  of  the  whole  area  of  the  face  of  the  wall  on  any 
story,  nor  shall  any  such  recess  be  made  within  a  distance  of 
six  feet  from  any  other  one  in  the  same  wall.  In  all  furred 
walls  the  course  of  brick  above  the  under  side,  and  below  the 
top  of  each  tier  of  floor  beams,  shall  project  the  thickness  of 
the  furring  to  more  effectually  prevent  the  spread  of  fire. 
The  walls  and  piers  of  all  buildings  shall  be  properly  bonded 
and  solidly  put  together  with  close  joints  filled  with  mortar. 
They  shall  be  built  to  a  line,  and  be  earned  up  plumb  and 
straight.  The  walls  of  each  story  shall  be  built  up  the  full 
thickness  to  the  top  of  the  beams  above.  All  brick  laid  in 
non-freezing  weather  shall  be  well  wet  immediately  before 
being  laid.  Walls  or  piers,  or  parts  of  walls  and  piers,  if 
frozen  shall  not  be  built  upon.  The  sand  used  for  mortar  in 
all  buildinj^s  shall  be  clean,  sharp  sand,  and  shall  not  be 
finer  than  the  standard  samples  kept  in  the  office  of  the  com- 
missioner of  building.  The  brick  used  in  all  buildings  shall 
be  good,  hard,  well-burnt  brick.  Cement  mortar  shall  be 
made  of  sand  and  cement  in  the  proportion  of  not  more  than 
three  parts  of  sand  to  one  part  of  cement,  and  shall  be  used 
immediately  after  being  mixed.  Lime  mortar  shall  be  made 
of  not  more  than  four  parts  of  sand  to  one  pai*t  of  lime,  and 
shall  not  be  used  before  being  thorouglily  slacked.  Cement 


Department  of  Building*.  its 


Title  XIT. 


and  lime  mortar  shall  be  made  of  one  part  of  lime  and  one 
part  of  cement,  and  three  parts  of  sand.  Concrete  for  foun- 
dation shall  be  made  of  one  part  of  cement,  two  parts  of  sand 
and  five  parts  of  small,  clean,  broken  stone,  all  carefully  mixed, 
or  one-half  of  the  five  parts  may  be  clean  gravel  and  the  other 
half  small  broken  stone.  In  every  building  more  than  three 
stories  in  height  hereafter  erected,  all  the  walls  or  partitions 
forming  interior  light  or  vent  shafts,  shall  be  built  of  brick, 
or  such  other  fire  proof  materials  as  may  be  approved  by  the 
commissioner  of  buildings.  The  ceiling  over  every  cellar  or 
lowest  floor  in  dwelling-houses  more  than  four  stories  in 
height,  when  the  beams  are  of  wood,  shall  be  lathed  with 
wire  or  metal  lath  and  plastered  thereon  with  two  coats  of 
brown  mortar  of  good  materials.  When  wood  wainscoting  is 
used  in  any  building  hereafter  erected,  the  surface  of  the 
wall  or  partition  behind  such  wainscoting  and  on  all  furred 
walls  or  stud  partitions,  shall  be  plastered  down  to  the  floor 
line. 

§  12.  Openings  for  doors  and  windows  in  all  buildings  ex- 
eept  as  otherwise  provided,  shall  have  good  and  sufiicient 
arches  of  stone,  brick  or  terra  cotta,  well  built  and  keyed 
with  good  and  sufficient  abutments,  or  lintels  of  stone  as  fol- 
lows:  For  an  opening  not  more  than  four  feet  in  width,  the 
lintel  shall  not  be  less  than  eight  inches  in  height ;  for  an 
opening  not  more  than  six  feet  in  width,  the  lintel  shall  not 
be  less  than  twelve  inches  in  height ;  for  an  opening  exceed- 
ing in  width,  six  feet  and  not  more  than  eight  feet  in  width, 
the  lintel  shall  be  the  full  thickness  of  the  wall  to  be  sup- 
ported, and  not  less  than  fifteen  inches  in  height.  Every 
stone  lintel  over  such  openings,  six  feet  or  less  in  width,  in  all 
walls,  shall  not  be  less  than  four  inches  thick,  and  shall  have 
a  bearing  at  each  end  of  not  less  than  five  inches  in  the  walls. 
On  the  inside  of  all  openings  in  which  the  stone  lintel  shall 
be  less  than  the  thickness  of  the  wall  to  be  supported,  there 
shall  be  a  good  timber  lintel  on  the  inside  of  the  stone  lintel 
which  shall  rest  at  each  end  not  more  than  three  inches  on  any 
wall,  and  shall  be  chamfered  at  each  end  and  shall  have  a 
double  row-lock  or  bonded  arch  turned  over  the  timber  lintel, 
or  the  inside  lintel  naay  be  of  cast-iron,  and  in  such  case,  stone 


Title  XIV. 


179     Department  of  Baildiaga 


blocks  or  cast-iron  plates  shall  not  be  required  at  the  ends 
Tvhere  the  lintel  rests  on  the  walls,  provided  the  openings  are 
not  more  than  six  feet  in  width. 

^  13.  The  height  of  all  the  walls  shall  be  measured  from  the 
curb  level  at  the  center  of  the  building  to  the  top  of  the 
highest  point  of  the  roof-beams  in  the  case  of  flat  roofs,  and 
for  high  pitched  roofs  the  average  of  the  height  of  the  gable 
shall  be  taken  as  the  highest  point  of  the  wall.  In  case  the 
wall  is  carried  on  iron  girders,  or  iron  girders  and  columns 
or  piers  of  masonry,  the  measurement  as  to  height  may  be 
taken  from  the  top  of  such  girder.  When  the  walls  of  a 
structure  do  not  join  the  street,  then  the  average  level  for 
the  ground  adjoining  the  walls  may  be  taken  instead  of  the 
<rurb  level  for  the  height  of  such  structure.  The  width  of 
buildings  for  the  purpose  of  this  title  may  he  determined  by 
the  way  the  beams  are  placed.  The  lengthwise  of  the  beam 
may  be  considered  and  taken  to  be  the  width  wise  of  the 
building  and  the  bearing  walls  are  those  walls  on  which  the 
beams  or  trusses  rest.  Eight-inch  brick  and  six-inch  and  four- 
inch  hollow  tile  partition  walls  of  hard-burnt  clay  or  porous 
terra  cotta  map  be  built  not  exceeding  in  their  vertical  por- 
tions a  measurement  of  fifty,  thirty-six  and  twenty  feet  re- 
spectively, and  in  their  horizontal  measurement  a  length  not 
exceeding  seventy-five  feet,  unless  sti'engthened  by  proper 
■cross  walls,  piers  or  buttresses.  All  such  walls  are  to  be 
<iarried  on  proper  foundations  or  on  iron  girders,  or  iron 
girders  and  columns,  or  piers  of  masonry.  One  line  of  fore 
and  aft  partitions  in  the  cellar,  supporting  stud  partitions 
above  in  all  buildings  over  eighteen  feet  between  bearing 
walls  in  the  cellar,  hereafter  erected,  shall  be  constructed  of 
brick  not  less  than  eight  inches  thick,  or  piers  of  brick  with 
openings  arched  over  below  the  under  side  of  the  first 
tier  of  beams,  or  girders  of  iron  or  steel  and  iron  or 
steel  columns,  or  piers  of  masonry,  may  be  used  :  or  if 
iron  or  steel  floor  beams  spanning  the  distance  between 
bearing  walls  are  used  of  adequate  strength  to  support 
the  stud  partitions  above,  in  addition  to  the  floor  load, 
to  be  sustained  by  the  said  iron  or  steel  beams,  then  the 
lore  and  aft  brick  partition  or  its  equivalent  may  be  omitted. 


Department  of  Buildings.     180  Title  XIV. 

Fore  and  aft  stud  partitions,  and  such  other  main  stud  par- 
titions as  may  be  required  by  the  commissioner  of  buildings, 
which  may  be  placed  in  the  cellar  or  lowest  story  of  any 
building,  shall  have  good,  solid  stone  or  brick  foundation 
walls  under  the  same,  which  shall  be  built  up  to  the  top  of 
the  floor  beams  or  sleepers,  and  the  sills  of  said  partitions 
shall  be  of  locust,  or  other  suitable  hard  wood,  but  if  the 
walls  are  built  five  inches  higher  of  brick  than  the  top  of  the 
floor  beams  or  sleepers,  any  wooden  sill  may  be  used  on 
which  the  studs  shall  be  set.  Fore  and  aft  stud  partitions 
that  rest  directly  over  each  other  shall  run  between  the 
wooden  floor  beams  and  rest  on  the  plate  of  the  partition  be- 
low, and  shall  have  the  studding  filled  in  solid  between  the 
uprights  to  the  depth  of  the  floor  beams  with  suitable  in- 
combustible materials.  All  girders  supporting  the  first  tier 
of  wooden  beams  in  buildings  shall  be  supported  by  brick 
piers  or  iron,  locust  or  other  suitable  hard  wood  posts  of 
sufficient  strength  on  proi>er  foundations. 

if  14.  In  every  building  used  as  a  dwelling  house,  tenement- 
house,  apartment-house  or  hotel  each  floor  shall  be  of  suffi- 
cient strength  in  all  its  parts  to  bear  safely  upon  every  super- 
ficial foot  of  its  surface  seventy  pounds.  If  to  be  used  for 
office  purposes,  not  less  than  one  hundred  pounds  upon  every 
superficial  loot.  If  to  be  used  as  a  place  of  public  assembly, 
including  school-houses,  one  hundred  and  twenty  pounds. 
If  to  be  used  as  a  store,  factory,  warehouse,  or  for  any  other 
manufacturing  or  commercial  purpose,  one  hundred  and  fifty 
pounds  and  upwai'ds  upon  every  superficial  foot.  Every  floor 
shall  be  of  sufficient  strength  to  bear  safely  the  weight  to  be 
imposed  thereon  in  addition  to  the  weight  of  the  materials 
of  which  the  floor  is  composed.  The  roofs  of  all  buildings 
shall  be  proportioned  to  bear  safely  fifty  pounds  upon  every 
superficial  foot  of  their  suface,  in  addition  to  the  weight  of 
materials  composing  the  same.  Every  column,  post  or  other 
vertical  support  shall  be  of  sufficient  strength  to  bear  safely 
the  weight  of  the  portion  of  each  and  every  floor  depending 
upon  it  for  support  in  addition  to  the  weight  required,  as  be- 
fore stated,  to  be  supported  safely  upon  said  portions  of 
said  floor.     The  dimensions  of  each  piece,  or  combination 


Title  XIY.  181     Department  of  Buildings, 

oi  materials  required,  shall  be  ascertained  by  computa- 
tion, according  to  the  rules  given  in  Haswell's  mechanics* 
nnd  engineers'  pocketbook,  except  as  may  be  otherwise  pro- 
vided for  in  this  title.  The  strength  of  all  columns  and  posts 
shall  be  computed  according  to  Gordon's  formula,  and  the 
crushing  weights  in  pounds  to  the  square  inch  of  section,  for 
the  following  named  materials,  shall  be  taken  as  the  co-effi- 
cient in  the  said  formula,  namely  :  Cast4ron,  eighty  thou- 
sand pounds;  rolled  steel,  forty-eight  thousand  pounds; 
wrought-iron  or  rolled  iron,  forty  thousand  pounds  ;  Ameri- 
can oak,  six  thousand  pounds :  pitch  or  Georgia  pine,  five 
thousand  pounds  :  white  pine  and  spruce,  thirty -five  hundred 
pounds.  The  breaking  strength  of  wooden  beams  and  girders 
shall  be  computed  occording  to  the  formula,  in  which  the 
■constants  for  transverse  strains  for  central  loads  shall  be  as 
follows,  namely  :  Hemlock,  four  hundred  pounds ;  white  pine, 
four  hundred  and  fifty  pounds  ;  pitch  or  Georgia  pine,  five 
liundred  and  fifty  pounds  :  American  oak,  five  hundred  and 
fifty  pounds  :  spruce,  four  hundred  and  fifty  pounds.  For 
wooden  beams  and  girders  carrying  a  uniformly  distributed 
load  the  constants  will  be  doubled.  The  factors  of  safety 
shall  be  as  one  to  four  for  all  beams,  girders  and  other  pieces 
subject  to  a  transverse  strain :  as  one  to  four  for  all  posts, 
columns  and  other  vertical  supports  when  of  wrought  iron  or 
rolled  steel ;  as  one  to  five  for  other  materials  subject  to  a 
compressive  strain ;  as  one  to  six  for  tie-rods,  tie-beams 
and  other  pieces  subject  to  a  tensile  strain.  Good,  soUd 
natural  eaith  shall  be  deemed  to  safely  sustain  a  load  of  four 
tons  to  the  superficial  foot,  or  as  otherwise  determined  by  the 
commissioner  of  buildings.  The  width  of  footing  courses 
shall  be  at  least  sufficient  to  meet  this  requirement.  In  com- 
puting the  weight  of  walls,  a  cubic  foot  of  brickwork  shall  be 
deemed  to  weigh  one  hundred  and  fifteen  pounds  :  sandstone, 
white  marble,  granite  and  other  kinds  of  building  stone  shall 
be  deemed  to  weigh  one  hundred  and  sixty  poimds  per  cubic 
foot.  The  safe  bearing  load  to  apply  in  good  brickwork  shall 
be  taken  at  eight  tons  per  superficial  foot  when  good  lime 
mortar  is  used  :  eleven  and  one- half  tons  per  superficial  foot 
when  good  Ume  and  cement  mortar  mixed  is  used ;  fifteen  tons 
per  superficial  foot  when  good  cement  mortar  is  used.  Every 


Pepartment  of  Buildings.     182  Title  XIV. 

temporaiy  support  placed  under  any  structure,  wall,  girder 
or  beam  duiing  the  erection,  finishing,  alteration  or  repair- 
ing of  any  building  or  structure,  or  any  part  thereof,  shall  be 
of  sufficient  strength  to  safely  carry  the  load  to  be  placed 
thereon.  In  all  warehouses,  storehouses,  factories,  work- 
shops and  stores  where  heavy  materials  are  kept  or  stored,  or 
macninery  introduced,  the  weight  that  each  floor  will  safely 
sustain  upon  each  superficial  foot  thereof  shall,  within  ninety 
days  after  the  passage  of  this  act,  be  estimated  by  the  owner 
or  occupant,  or  by  a  competent  person  employed  by  the  owner 
or  occupant.  Such  estimate  shall  be  reduced  to  writing, 
stating  the  materials,  size,  distance  apart  and  span  of  beams 
and  girders,  posts  or  columns  to  support  floors,  and  its  cor- 
rectness shall  be  sworn  to  by  the  person  making  the  same, 
and  it  shall  thereupon  be  filed  in  the  office  of  the  department 
of  buildings.  But  if  the  commissioner  of  buildings  shall 
have  cause  to  doubt  the  correctness  of  said  estimate,  he  is 
empowered  to  revise  and  correct  the  same,  and  for  the  pur- 
-pose  of  such  revision  the  officers  and  employes  of  the  said 
department  of  buildings  may  enter  any  building  and  remove 
so  much  of  any  floor,  or  other  portion  thereof,  as  may  be  re- 
quired to  make  necessary  measurements  and  examinations. 
"When  the  correct  estimate  of  the  weight  that  the  floors  in 
any  such  building  will  safely  sustain,  has  been  ascertained,  as 
herein  provided,  the  commissioner  of  buildings  shall  approve 
the  same,  and  thereupon  the  owner  or  occupant  of  said  build- 
ing, or  of  any  portion  thereof,  shall  post  a  copy  of  such  ap- 
proved estimate  in  a  conspicuous  place  on  each  story  of  the 
building  to  which  it  relates.  Before  any  building  hereafter 
erected  is  occupied  and  used,  in  whole  or  in  part,  for  any  of 
the  purposes  aforesaid,  and  before  any  building  erected  prior 
to  the  passage  of  this  act,  but  not  at  such  time  occupied  for 
any  of  the  aforesaid  purposes,  is  occupid  or  used,  in  whole 
or  in  part,  for  any  of  said  purposes,  the  weight  that  each 
floor  will  safely  sustain  upon  each  superficial  foot  thereof 
shall  be  ascertained  and  posted  as  hereinbefore  re- 
quired. The  weights  placed  on  any  floor  in  any 
buildingjshall  be  safely  distributed  thereon.  The  commis- 
sioner of  buildings  may  require  the  owner  or  occupant  of  any 
building,  or  portion  thereof,  fco  redistribute  the  load  on  any 


Title  XIV. 


183     Department  of  Buildings. 


floor,  or  to  lighten  such  load  as  he  may  direct  where  he  may 
deem  the  same  to  be  necessary  for  the  protection  of  life  and 
property.  No  person  shall  place,  or  cause  or  permit  to  be 
placed  on  any  floor  of  any  building  any  greater  load  than  the 

-  safe  load  thereof,  as  estimated  and  ascertained  as  herein  pro- 
vided. Any  expense  necessarily  incurred  in  removing  any 
floor,  or  other  portion  of  any  building  for  the  purpose  of 
making  any  examination  herein  provided  for,  shall  be  paid 
by  the  comptroller  of  the  City  of  Brooklyn,  upon  the  requisi- 
tion of  the  commissioner  of  buildings,  out  of  any  fund  paid 
over  to  him,  under  the  provisions  of  this  title,  and  if  there  be 
no  such  fund,  then  out  of  the  revenue  fund.  Such  expenses 
shall  be  a  charge  against  the  person  or  persons  by  whom,  or 
on  whose  behalf,  said  estimate  was  filed  in  the  office  of  the 
department  of  buildings,  and  shall  be  collected  in  an  action 
to  be  brought  in  the  name  of  the  City  of  Brooklyn,  against 

.  said  person  or  persons,  and  the  sum  so  collected  shall  be  paid 
over  to  said  comptroller  to  be  deposited  in  reimbursement  of 
the  amount  paid  as  aforesaid. 

§  15.  Every  building  hereafter  erected  or  altered  to  be  used 
in  whole  or  in  part  as  a  hotel,  theatre,  hospital,  asylum,  in- 
stitution for  the  care  or  treatment  of  persons,  the  height  of 
which  exceeds  thirty-five  feet,  and  every  other  buildiug  the 
height  of  which  exceeds  eighty-five  feet,  shall  be  built  fire- 
proof, except  buildings,  the  plans  and  specifications  for 
which  have  heretofore  and  within  thirty  days  immediately 
prior  to  the  passage  of  this  act  been  approved  by  the  com- 
missioner of  buildings.  They  shall  be  constructed  with  walls 
of  brick,  stone,  iron  or  other  hard,  incombustible  materials, 
in  which  wooden  beams  or  lintels  shall  not  be  placed  and  in 
which  the  floors  and  roofs  shall  be  of  materials  similar  to  the 
walls.  The  stairs  and  stair  case  landings  shall  be  built  entirely 
of  brick,  stone,  iron  or  other  hard  incombustible  materials. 
No  woodwork  or  other  inflammable  material  shall  be  used 
in  any  of  the  partitions,  furrings  or  ceilings  in  any  such  fire- 
proof buildings,  excepting,  however,  that  the  doors  and  win- 
dows and  their  frames,  the  trims,  the  casings,  the  interior 
finish,  when  fiUed  solid  at  the  back  with  fire-proof  materials, 
and  the  floor  boards  and  sleepers  directly  thereunder  may  be 


Department  of  Buildings.  184 


Title  XIV. 


of  wood.  But  nothing  in  this  section  contained  shall  be  so 
construed  as  to  apply  to  or  prevent  the  erection  of  what  are 
known  as  grain  elevators,  as  usually  constructed,  provided 
they  are  erected  on  tide  water  or  adjacent  to  the  river  front 
in  said  city,  in  isolated  localities  under  such  conditions  as  the 
said  commissioner  of  buildings  may  prescribe,  including  loca- 
tion. In  all  fire-proof  buildings  the  following  rules  shall  be 
observed  :  All  cast-iron,  wrought-iron,  or  rolled  steel  columns 
shall  be  made  true  and  smooth  at  both  ends,  and  shall  rest 
on  iron  or  steel  bed  plates,  and  have  iron  or  steel  cap  plates, 
which  shall  also  be  made  true.  All  iron  or  steel  trimmer 
beams,  headers  and  tail  beams,  shall  be  suitably  framed  and 
connected  together,  and  the  iron  girders,  columns,  beams, 
trusses  and  all  other  iron  work  of  all  floors  and  roof  shall  be 
strapped,  bolted,  anchored  and  connected  together,  and  to 
the  walls,  in  a  strong  and  substantial  manner.  Where 
beams  are  framed  into  headers,  the  angle  irons  which  are 
bolted  to  the  tail  beams,  shall  have  at  least  two  bolts  for  all 
beams  over  seven  inches  in  deptli,  and  three  bolts  for  all 
beams  twelve  inches  and  over  in  depth,  and  these  bolts  shall 
not  be  less  than  three-quarters  of  an  inch  in  diameter.  Each 
one  of  such  angle  or  knees,  when  bolted  to  girders,  shall  have 
the  same  number  of  bolts  as  stated  for  the  other  leg.  The 
angle-iron  in  no  case  shall  be  less  in  thickness  than  the 
header  or  trimmer  to  which  it  is  bolted,  and  the  width  of  the 
angle  in  no  case  shall  be  less  than  one-third  of  the  depth  of 
beam,  excepting  that  no  angle-knee  shall  be  less  than  two 
and  one-half  inches  wide,  nor  required  to  be  more  than  six 
inches  wide.  All  wrought-iron  or  rolled-steel  beams  eight 
inches  deep  and  under,  shall  have  bearings  equal  to  their 
depth,  if  resting  on  a  wall ;  nine  to  twelve  inch  beams  shall 
have  a  bearing  of  ten  inches,  and  all  beams  more  than 
twelve  inches  in  depth  shall  have  bearings  of  not  less 
than  twelve  inches,  if  resting  on  a  wall.  Where  beams  rest 
on  iron  supports  and  are  properly  tied  to  the  same,  no  greater 
bearings  shall  be  required  than  one-third  of  the  depth  of  the 
beams.  Iron  or  steel  floor  beams  shall  be  so  arranged  as  to 
spacing  and  length  of  beams  that  the  load  to  be  supported 
by  them,  together  with  the  weights  of  the  materials  used  in 
the  construction  of  said  floors,  shall  not  cause  a  deflection  of 


Title  XIV.  185     Department  of  Buildings. 

the  said  beams  of  more  than  one-thirtieth  of  an  inch  per 
linear  foot  of  span,  and  they  shall  be  tied  together  at  inter- 
vals of  not  more  than  eight  times  the  depth  of  the  beams. 
Under  the  ends  of  all  iron  and  steel  beams  where  they  rest 
on  the  walls,  stone  or  iron  templates  shall  be  built  into  the 
walls.  Said  templates  shall  be  eight  inches  wide  in  twelve- 
inch  walls,  and  in  all  walls  of  greater  thickness  said  templates, 
shall  be  twelve  inches  wide,  and  such  templates,  if  of 
stone,  shall  not  be  in  any  case  less  than  five  inches  in 
thickness,  and  no  template  shall  be  less  than  twelve  inches 
long.  All  brick  or  stone  arches  placed  between  iron  or  steel 
floor  beams  shall  be  at  least  four  inches  thick,  and  have  a 
rise  of  at  least  one  inch  to  each  foot  of  span  between  the 
beams.  Arches  of  over  five  feet  span  shall  be  properly  in- 
creased in  thickness,  as  required  by  the  commissioner  of 
buildings.  Or  the  space  between  the  beams  may  be  filled  in 
with  sectional  hollow  brick  of  hard-burnt  clay,  porous  terra 
cotta  or  some  equally  good  fire-proof  material,  having  a  depth 
of  not  less  than  one  and  one-quarter  inches  to  each  foot  of 
span,  a  variable  distance  being  allowed  of  not  over  six  inches 
in  the  span  between  the  beams.  The  said  brick  arches  shall 
be  laid  on  the  centers,  with  close  joints,  and  the  bricks  shall 
be  well  wet  and  the  joints  filled  with  cement  mortar,  in  pro- 
portions of  not  more  than  two  of  sand  to  one  of  cement,  by 
measure.  The  arches  shall  be  well  grouted  and  properly 
keyed.  The  bottom  flanges  of  all  wrought-iron  or  rolled- 
steel  floor  beams,  and  all  exposed  portions  of  such  beams 
below  the  abutments  of  the  floor  arches,  shall  be  entirely  in- 
cased with  hard-burnt  clay  or  porous  terra  cotta,  or  with 
wire  or  metal  lath  properly  secured,  and  plastered  on  the 
under  side.  All  iron  or  steel  lintels  shall  have  bearings 
proportionate  to  the  weight  to  be  imposed  thereon,  but  no 
lintel  used  to  span  any  opening  more  than  ten  feet  in  width 
shall  have  a  bearing  less  than  twelve  inches  at  each  end,  if 
resting  on  a  wall,  but  if  resting  on  an  iron  post  such  lintel 
shall  have  a  bearing  of  at  least  six  inches  at  each  end  by  the 
thickness  of  the  wall  to  be  supported.  If  the  posts  are  to  be 
party  posts  in  front  of  a  party  wall,  and  are  to  be  used  for 
two  buildings,  then  the  said  post  shall  not  be  less  in  width 
than  the  thickness  of  the  party  wall,  nor  less  in  depth  than 


Department  of  Buildings.     186  Title  XIV, 

the  thickness  of  the  wall  to  be  supported.  Intermediate 
posts  may  be  used  which  shall  be  sufficiently  strong,  suid  the 
lintels  thereon  shall  have  sufficient  bearings  to  cany  the 
weight  above  with  safety,  as  in  this  title  provided.  When 
the  lintels  or  girders  are  supported  at  the  end  by  brick  walls 
or  piers,  they  shall  rest  upon  cut  granite  or  bluestone  blocks 
at  least  twelve  inches  thick,  or  upon  cast-iron  plates  of  equal 
strength  by  the  full  size  of  the  bearing.  In  case  the  opening 
is  less  than  twelve  feet,  the  stone  blocks  may  be  six  inches  in 
thickness,  or  cast-iron  plates  of  eqaul  strength  by  the  full 
size  of  the  bearings  may  be  used.  This  requirement  shall 
not  apply  to  cast-iron  hntels  used  at  the  back  of  the  stone 
lintels  over  openings  not  exceeding  six  feet  in  width.  In  all 
cases  where  the  girder  carries  the  wall  and  rests  on  brick 
piers  or  walls,  the  bearings  sball  be  sufficient  to  support  the 
weight  above  with  safety  No  cast-iron  lintel  or  beam  shall 
be  less  than  three-quarters  of  an  inch  in  thickness  in  any  of 
its  parts.  Iron  beams  or  girders  used  to  span  openings 
more  than  sixteen  feet  in  width,  upon  which  walls  rest  or 
upon  which  floor  beams  are  carried,  shall  be  of  wrought-iron 
or  rolled  steel,  and  of  sufficient  strength.  All  lintels  or 
gii'ders  placed  over  any  openings  in  the  front,  rear  or  side  of 
a  building  or  returned  over  a  corner  opening,  where  suj)- 
ported  by  brick  or  stone  piers  or  iron  columns,  shall  be  of 
iron  or  steel  and  of  the  full  breadth  of  the  wall  supported, 
in  all  buildings  hereafter  erected  or  altered,  where  any  iron  or 
steel  column  or  columns  are  used  to  support  a  wall,  or  part 
thereof,  whether  the  same  be  an  exterior  or  an  interior  wall, 
excepting  a  wall  fronting  on  a  street  and  columns  located 
below  the  level  of  the  sidewalk,  which  are  used  to  support 
exterior  walls  or  ai'ches  over  vaults,  the  said  column  or 
columns  shall  be  either  constructed  double,  that  is,  an  outer 
and  inner  column,  the  inner  column  alone  to  be  of  sufficient 
strength  to  sustain  safely  the  weight  to  be  imposed  thereon, 
or  such  other  iron  or  steel  column  of  sufficient  strength,  and 
so  constructed  as  to  secure  resistance  to  fire,  may  be  used  as 
may  be  approved  by  the  commissioner  of  buildings.  Cast- 
iron  posts  or  columns  which  are  to  be  used  for  the  support 
of  wooden  or  iron  girders  or  brick  walls,  not  cast  with  one 
open  side  or  back,  before  being  set  up  in  place,  shall  each 


Title  XIV. 


1S7     Department  of  Buildings. 


have  a  three-eighths  of  an  inch  hole  drilled  in  the  shaft  of 
y-jst  or  column  by  the  manufacturer  or  contractor  furnishing 
the  same,  to  exhibit  the  thickness  of  the  castings,  and  anr 
other  similar-sized  hole  or  holes  which  the  commissioner  of 
buildings  or  his  duly  authorized  representative  may  require, 
shall  be  di-illed  in  the  said  posts  or  columns  by  the  said 
manufacturer  or  contractor  at  his  own  expense.  All 
iron  posts  or  columns  in  front  of  party  walls  shaU  be 
filled  up  soUd  with  masonry,  and  made  perfectly  tight 
between  the  posts  and  walls,  to  prevent  the  passage  of 
smoke  or  fire.  Iron  posts  or  columns  cast  with  one 
or  more  open  sides  and  backs  shall  have  solid  iron  plates  on 
top  of  each,  to  prevent  the  passage  of  smoke  or  fire  through 
them  from  one  story  to  another,  excepting  where  pierced  for 
the  passage  of  pipes.  No  cast-iron  post  or  column  shall  be 
used  in  any  building  of  a  less  average  thickness  of  shaft  than 
three-quarters  of  an  inch.  Nor  shall  it  have  an  unsupported 
length  of  more  than  twenty  times  its  least  lateral  dimensions 
or  diameter.  No  wrought  iron  or  rolled-steel  column  shall 
have  an  unsupported  length  of  more  than  thirty  times  its 
least  lateral  dimensions  or  diameter.  Nor  shall  its  metal  be 
^ess  than  one-fourth  of  an  inch  in  thickness.  All  cast-iron, 
~  2  -  ^'ht-iron  or  rolled-steel  columns  shall  have  their  bearings 
raced  smooth,  and  at  right  angles  to  the  axis  of  the  column. 
And  when  one  column  rests  on  another  column,  they  shall  be 
-ecurely  boUed-together.  ^Vfeei-erolffluns  ai-e  used  to  support 
iron  or  steel  girders  carryincr  curtain  walls,  the  said  columns 
shall  be  of  cast-iron,  wrought-iron  or  rolled-steel,*  and  on 
their  exposed  outer  and  inner  surface  be  constructed  to  resist 
fire  by  having  a  casing  of  brickwork  not  less  than  four  inches 
in  thickness  or  other  fire-proof  material  and  bonded  into  the 
brickwork  of  the  curtain  wall,  or  the  inside  surface  of  the 
said  column  may  be  covereil  with  an  outer  shell  of  iron,  hav- 
ing an  air  space  between,  and  the  exposed  sides  of  the  iron 
c-.nd  steel  girders  shall  also  be  similarly  covered  in  and  tied 
.nd  bonded.  When  the  thickness  of  the  curtain  walls  is 
twelve  inches  the  girders  for  the  support  of  the  same  shall 
be  placed  at  the  floor  line  of  each  story,  commencing  at  the 
line  where  the  thickness  of  twelve  inches  starts,  and  when 
the  thickness  of  such  walls  is  sixteen  inches,  the  girders  shall 


Department  of  Buildings.     I8b  Title  XIV. 

be  placed  not  further  apart  than  eveiy  other  story  at  the  floor 
line,  commencing  where  the  thickness  of  sixteen  inches  starts, 
provided  that  at  the  intermediate  floor  line  a  suitable  tie  of 
iron  or  steel  shall  rigidly  connect  the  columns  together  hori- 
zontally, and  that  the  ends  of  the  floor  beams  do  not  rest  on 
the  said  sixteen-inch  walls.  When  the  curtain  walls  are 
twenty  inches  or  more  in  thickness,  and  rests  directly  on  the 
foundation  walls,-  the  ends  of  the  floor  beams  may  be  placed 
directly  thereon,  but  at  or  near  the  floor  line  of  each  story 
ties  of  iron  or  steel  incased  in  the  brickwork  shall  rigidly 
connect  the  columns  together  horizontally.  If  galvanized 
iron  is  used  as  part  of  the  front  of  any  building,  it  shall  be 
thoroughly  braced  and  anchored  with  iron  and  the  wall  or 
backing  or  filling  shall  conform  as  to  thickness  to  the  require- 
ments of  this  title  for  backing  up  of  ashlar  and  filling  in  of 
iron  fronts.  The  iron  arches,  or  the  usual  light  castings  con- 
necting the  columns  of  an  iron  front  of  a  building,  shall  be 
filled  in  from  the  soffits  to  the  sills  on  each  upper  story  vnth 
brickwork  not  less  than  eight  inches  thick,  or  hollow  burnt 
clay  blocks  not  less  than  eight  inches  thick,  and  carried 
through  the  open  back  columns  to  the  same  upper  level, 
the  brickwork  or  blocks  to  rest  on  the  plates  within  the  col- 
umns. Rolled  iron  or  steel  beam  girdei's,  or  riveted  iron 
or  steel  plate  girders  used  as  lintels  or  as  girders  car- 
rying a  wall  or  floor,  or  both,  shall  be  so  proportioned  that 
the  loads  which  may  come  upon  them  shall  not  pro- 
duce strains  in  tension  or  compression  upon  the  flanges 
of  more  than  twelve  thousand  pounds  for  iron,  nor  more  than 
fifteen  thousand  pounds  for  steel  per  square  inch  of  the  gross 
section  of  each  flange,  nor  a  shearing  strain  upon  the  web- 
plate  of  more  than  six  thousand  pounds  per  square  inch  of 
section  of  such  web-plate,  if  of  iron  :  nor  more  than  seven 
thousand  pounds,  if  of  steel,  but  no  web  shall  be  less  than 
one-quarter  of  an  inch  in  thickness.  Rivets,  in  plate  girders 
shall  not  be  less  than  five-eights  of  an  inch  in  diameter,  and 
shall  not  be  spaced  more  than  six  inches  apart,  in  any  case. 
They  shall  be  so  spaced  that  their  shearing  strain  shall  not 
exceed  nine  thousand  pounds  per  square  inch  of  section,  nor 
their  bearing  exceed  fifteen  thousand  pounds  per  square  inch 
on  their  diameter  multiplied  by  the  thickness  of  the  plates 


Title  XIV. 


189     Department  of  Buildings. 


through  which  they  pass.  The  rivited  plate-girders  shall  be 
proportioned  upon  the  supposition  that  the  bending  or  cord 
strains  are  resisted  entirely  by  the  upper  and  lower  flanges, 
and  that  the  shearing  strains  are  resisted  entirely  by  the 
web-plate.  No  part  of  the  web  shall  be  estimated  as  flange 
ai*ea,  not  more  than  one-half  of  that  portion  of  the  angle-iron 
which  lies  against  the  web.  The  distance  between  the  centers 
of  gravity  of  the  flange  area  will  be  considered  as  the  effective 
depth  of  the  girder.  Before  any  girder,  as  before  mentioned, 
to  be  used  in  any  building  shall  be  so  used,  the  architect  or 
the  manufacturer  of,  or  contractor  for  it,  shall,  if  required  so 
to  do  by  the  commissioner  of  buildings,  submit  for  his  ex- 
amination and  approval,  a  diagram  showing  the  loads  to  be 
carried  by  said  girder  and  the  strains  produced  by  such  load, 
and  also  showing  the  dimensions  of  the  materials  of  which 
said  girder  is  to  be  constructed  to  provide  for  the  said  strains. 
The  manufacturer  or  contractor  shall  cause  to  le  marked 
upon  said  girders,  in  a  conspicuous  place,  the  weight  sai<l 
girder  will  sustain,  and  no  greater  weight  than  that  marked 
on  such  girder  shall  be  placed  thereon. 

§  16.  Before  any  iron  or  steel  beam,  lintel  or  girder,  in- 
tended to  span  an  opening  over  ten  feet  in  length  in  any 
building  shall  be  used  for  supporting  a  wall,  the  manfacturer 
or  founder  thereof,  or  the  owner  of  sai^  building  shall  have 
the  said  beam,  lintel  or  girder  inspected,  and,  if  required  by 
the  commissioner  of  buildings,  shall  have  the  same  tested  by 
actual  weight  w  pressure  t hereon,  under  the  direction  and 
supervision  of  an  inspector  authorized  by  the  commissioner 
of  buildings.  Said  manufacturer,  founder  or  owner  shall 
notify  the  commissioner  of  buildings  in  writing  of  the  time 
when  and  the  place  where  said  inspection  and  test  may  be 
made,  and  said  inspector  shall  cause  the  weight  which  each 
of  said  beams,  lintels  or  girders  will  safely  sustain,  to  be 
properly  stamped  or  marked  in  a  conspicuous  place  thereon, 
and  no  greater  weight  shall  be  put  or  placed  upon  any  beam, 
lintel  or  girder  than  that  stamped  or  marked  thereon  by  said 
inspector.  The  deflection  of  a  cast-iron  beam,  lintel  or  gii'der 
under  an  applied  test  of  double  the  weight  to  be  carried  shall 
not  exceed  one-fiftieth  of  an  inch  to  the  foot  of  span,  and  said 


Department  of  Buildingps.  19(' 


Title  Xrv. 


beam,  lintel  or  girder  shall  return  to  its  original  shape  after 
the  test.  In  case  any  iron  or  steel  girder,  beam,  or  lintel,  or 
any  iron  or  steel  column  shall  be  rejected  by  said  inspector 
as  unfit  or  insufficient  to  be  used  for  the  purpose  proposed, 
the  same  shall  not  be  used  for  such  purpose,  in  or  upon  or 
about  any  building  or '  part  thereof.  All  iron  work  or  steel 
work  used  in  any  building  shall  be  of  the  best  material  and 
made  in  the  best  manner,  and  properly  painted  with  oxide 
of  iron  and  linseed  oil  paint,  before  being  placed  in  position, 
or  coated  with  some  other  equally  good  preparation,  or  suit- 
ably treated  for  preservation  against  rust. 

?  17.  All  wooden  beams  and  other  timbers  in  the  party- 
wall  of  every  building  built  of  stone,  brick  or  iron,  shall  be 
separated  from  the  beam  or  timber  entering  in  the  opposite 
side  of  the  wall  by  at  least  four  inches  of  solid  mason  work. 
No  wooden  floor  beams  nor  wooden  roof  beams  used  in 
any  building  other  than  a  frame  building  hereafter  erected 
shall  be  of  a  less  thickness  than  three  inches,  except 
in  dwelling-houses  not  exceeding  fifteen  feet  wide.  All 
w^ooden  trimmer  and  header  beams  shall  not  be  less 
than  one  inch  thicker  than  the  floor  or  roof  beams 
on  the  same  tier,  where  the  header  is  four  feet  or  less  in 
length,  nor  in  any  case  less  than  four  inches  in  thickness. 
Where  the  header  is  more  than  four  feet  and  not  more  than 
^fteen  feet  in  length,  the  trimmer  and  header  beams  shall  be 
at  least  double  the  thickness  of  the  floor  or  roof  beams  or 
shall  be  made  of  two  beams  forming  such  thickness,  properly 
spiked  or  bolted  together.  When  the  header  is  more  than 
fifteen  feet  in  length,  wrought-iron  flitch  plates  of  proper 
thickness  and  depth  shall  be  placed  between  two  wooden 
beams,  suitably  bolted  together  to  and  through  the  iron 
plates  in  constructing  the  trimmer  and  header  beams,  or 
i?vrought-iron  or  rolled-steel  beams  of  sufficient  length  may  be 
used.  Ever}'  wooden  beam,  except  header  and  tail  beams, 
shall  rest  at  one  end  four  inches  in  the  wall,  or  upon  a  girder 
as  authorized  by  this  title.  Every  wooden  header  or  trim 
iner  more  than  six  feet  long  used  in  any  building  shall  be 
hung  in  stirrup  irons  of  suitable  thickness  for  the  size  of  the 
timber.    No  timber  shall  be  used  in  any  wall  of  any  building 


Title  XIV.  1^*1     Department  of  Buildings.. 

where  stone,  brick  or  iron  is  commonly  used,  except  lintels 
as  herein  provided,  and  brace  blocks.  The  ends  of  all  wooden 
floor  and  roof  beams,  where  they  rest  on  brick  walls,  shall  be 
cut  to  a  bevel  of  three  inches  ou  their  depth.  All  wooden 
beams  shall  be  trimmed  away  from  all  flues,  whether  the 
same  be  a  smoke,  air  or  any  other  flue,  the  trimmer-beam  to 
be  eight  inches  from  the  inside  face  of  the  flue  in  a  straight 
way,  and  four  inches  from  the  outside  of  a  chimney  breast, 
and  the  header  two  inches  from  the  outside  face  of  the  flue. 
All  fire-places  shall  have  trimmer  arches  to  support  hearths, 
and  the  said  arches  shall  be  at  least  sixteen  inches  in  width, 
measured  from  the  face  of  the  chimney  breast,  and  shall  be 
constructed  of  brick,  stone  or  burnt  clay.  The  length  of 
trimmer  arch  shall  be  in  no  case  less  than  the  width  of  the 
breast.  Each  tier  of  beams  shall  be  anchored  to  the  side, 
front,  real-  or  party- walls  at  intervals  of  not  more  than  six 
feet  apart,  with  good,  strong  wrought-iron  anchors  of  not  less 
than  one  and  one-half  inches  by  three-eighths  of  an  inch  in 
size,  well-fastened  to  the  sides  of  the  beams  by  two  or  more 
nails  made  of  wrought-iron  at  least  one-fom-th  of  an  inch  in 
diameter,  or  such  other  kind  of  anchor  the  commissioner  may 
approve.  Where  the  beams  are  supported  by  girdei*s  the 
girders  shall  be  anchored  to  the  walls  and  fastened  to  each 
other  by  suitable  iron  sti'aps.  The  ends  of  beams  resting 
upon  girders  shall  be  butted  together,  end  to  end,  and  strap- 
ped by  wrought-iron  straps  of  the  same  size  and  distance 
apart,  and  in  the  same  beam  as  the  wall  anchoi*s,  and  shall 
be  fastened  in  same  manner  as  said  wall  anchors,  or  they 
may  lap  each  other  at  least  twelve  inches  and  be  well-spiked 
or  bolted  together  where  lapped.  Every  pier  and  wall,  front 
or  rear,  shall  be  well  anchored  to  the  beams  of  each  story 
with  the  same  size  anchors  as  are  required  for  side  walls, 
which  anchors  shall  hook  over  at  least  the  second  beam- 
Each  tier  of  beams,  front  or  rear,  opposite  each  pier,  shall 
have  hard  wood  or  Georgia  pine  anchor  strips  dove  tailed 
into  the  beams  diagonally,  which  strips  shall  cover  at  least 
four  beams  and  be  one  inch  thick  and  four  inches  wide,  but 
no  such  anchor  strip  shall  be  let  in  within  four  feet  of  the 
<;enter  line  of  the  beam,  or  wooden  strips  shall  be  nailed  on 
the  top  of  the  beams  aiid  kept  in  place  until  the  floors  are 


Department  of  Buildings.  192 


Title  xnr. 


being  laid.  All  timbers  and  wooden  beams  used  in  any 
building  shall  be  of  good,  sound  material,  free  from  rot,  large 
and  loose  knots,  shakes  or  any  imperfection  whereby  the 
strength  may  be  impaired,  and  be  of  such  size  and  dimen- 
sions as  the  pui'pose  for  which  the  building  is  intended  may 
require. 

§  18.  All  fireplaces  and  cbimnej'S  in  stone  or  brick  walls  in 
any  building  hereafter  erected,  except  as  herein  otherwise 
provided,  and  any  chimney  or  flues  hereafter  altered  or  re- 
paired, without  reference  to  the  purpose  for  which  they  may 
be  used,  shall  have  the  joints  struck  smooth  on  the  inside. 
No  pargetting  mortar  shall  be  used  on  the  inside  of  any 
chimney  or  flue.  The  tire  backs  of  all  fireplaces  hereafter 
erected  shall  be  not  less  than  eight  inches  in  thickness  of 
solid  masonry.  The  stone  or  brickwork  of  all  chimney  shafts 
of  furnaces,  boilers,  bakers'  ovens,  cooking  ranges,  laun- 
dry stoves  and  heating  furnaces,  and  all  flues  used  for  a  simi- 
lar purpose  shall  be  at  least  eight  inches  in  thickness.  If 
there  is  a  cast  iron  or  burnt  clay  pipe  built  inside  of  the  same 
with  one-inch  air  space  all  around  it,  then  the  stone  or  brick 
work  inclosing  such  pipes  shall  not  be  less  than  four  inches 
in  thickness.  All  smoke  flues  of  smelting  f  urnaces,  or  of 
steam  boiler  or  other  apparatus  which  heat  the  flues  to  a  high 
temperature  shall  be  built  with  double  walls  with  an  air  space 
between  them,  the  inside  four  inches  to  be  of  fire-bricks  or 
fire-clay  slabs,  or  blocks  laid  in  fire  mortal-  to  the  height  of 
twenty-five  feet  from  the  bottom.  All  smoke  flues  shall  ex- 
tend at  least  three  feet  above  the  roof,  and  on  all  buildings 
other  than  private  dw^elling  houses,  three  stories  or  less  in 
height,  shall  be  coped  with  well  burned  ten  a  cotta,  stone  or 
cast  iron.  All  stone  or  brick  hot-air  flues  and  shafts  shall  be 
lined  with  tin,  galvanized  iron  or  burnt  clay  pipes.  No  wood 
casing,  furring  or  lath  shall  be  placed  against  or  cover  any 
smoke  flue  or  metal  pipe  used  to  convey  hot  air  or  steam. 
No  smoke  pipe  shall  pass  through  any  floor  or  any  i*oof  of 
any  building.  No  stovepipe  in  any  building  with  wooden  or 
combustible  floors,  ceilings  or  partitions,  shall  enter  any  flue 
unless  the  said  pipe  shall  be  at  least  twelve  inches  from  either 
the  said  floors,  ceilings  or  partitions,  unless  the  same  is  prop- 


Title  XIV. 


193     Department  of  Buildings. 


erly  protected  by  a  metal  shield,  in  which  case  the  distance 
shall  not  be  less  than  six  inches.  In  all  cases  where  stove- 
pipes pass  through  stud  or  wooden  partitions  or  furred  walls 
of  any  kind,  they  shall  be  guarded  by  either  a  double  collar 
of  metal,  with  at  least  three  inches  of  air  space  and  holes  for 
ventilation,  or  by  a  soapstone  or  burnt  clay  ring  not  less  than 
three  inches  in  thickness  and  extending  through  the  parti- 
tions. Where  laundry  stoves,  hot  water,  steam,  hot  air  or 
other  furnaces  are  used  in  any  building,  the  smokepipe  lead- 
ing therefrom  must  be  kept  not  less  than  eighteen  inches 
from  the  floor  beams  or  ceiling,  unless  the  same  is  properly 
protected  by  a  metal  shield,  when  the  distance  shall  not  be 
less  than  nine  inches.  In  all  cases  where  such  pipe  passes 
through  a  wood  or  stud  partition  it  shall  be  protected  by  a 
thimble  with  eight  inches  of  brickwork  around  it,  or  a  double 
collar  of  metal  with  at  least  six  inches  air  space  and  holes  for 
ventilation.  Tin  or  other  metal  flues,  or  pipes  used  or  in- 
tended to  be  used  to  convey  heated  air,  shall  be  inclosed  with 
brick  or  stone  at  least  four  inches  in  thickness,  or  other  hard 
incombustible  materials.  Horizontal  pipes  and  hot-air  pipes 
in  stud  partitions  shall  be  built  in  the  following  manner  : 
The  pipes  shall  be  double,  that  is,  two  pipes,  one  inside  the 
other,  at  least  one-half  inch  apart,  and  there  slinll  be  a  space 
of  three  inches  between  the  j)ipes  and  stud  on  each  side  ;  the 
inside  faces  of  the  said  stud  shall  be  well  lined  with  tin  plate 
and  the  outside  faces  covered  with  iron,  lath  or  slate.  No 
hot-air  pipe  shall  be  allowed  in  any  stud  partition  unless  said 
partition  shall  be  at  least  eight  feet  distant  in  a  horizontal 
direction  from  the  furnace.  Horizontal  hot-air  pipes  shall  be 
kept  six  inches  below  the  floor  beams  or  ceiling  :  if  the  fjoor 
beams  or  ceiling  are  plastered  and  protected  by  a  metal 
shield,  then  the  distance  shall  not  be  less  than  three  inches. 
In  cases  where  hot-air  pipes  pass  through  a  wood  or  stud 
partition,  they  shall  be  guarded  by  either  a  double  collar  of 
metal,  with  two  inches  air  space  and  holes  for  ventilation,  or 
they  shall  be  surrounded  by  brick  work  at  least  four  incl^ies 
in  thickness.  All  flues  in  every  building  shall  be  properly 
cleaned,  and  all  rubbish  removed  and  the  flues  left  smooth  on 
the  inside  upon  the  completion  of  all  buildings.  No  chimney 
shall  l>e  started  or  built  upon  any  floor  or  beam  of  wood.  In 


Department  of  Buildings.      194  Title  XIV.. 

no  case  shall  a  chimney  be  corbeled  out  more  than  eight 
inches  from  the  wall,  and  in  all  such  cases  the  corbeling  shall 
consist  of  at  least  five  courses  of  brick,  but  no  corbeling  shall 
be  allowed  in  eight-inch  walls.  Where  chimneys  are  sup-^ 
ported  by  piers,  the  piers  shall  start  from  the  foundation  on 
the  same  line  with  the  chimney  breast,  and  shall  be  not  less 
than  twelve  inches  on  the  face  properly  bonded  into  the  wall. 
No  chimney  shall  be  cut  off  below,  in  whole  or  in  part  and 
supported  by  wood,  but  shall  be  wholly  supported  by  stone, 
brick  or  iron.  All  chimneys  which  shall  be  dangerous  in  any 
manner  whatever  shall  be  repaired  and  made  safe  or  taken 
down.  Iron  cupola  chimneys  of  foundries  shall  extend  at  least 
ten  feet  above  the  highest  point  of  any  roof  within  a  radius  of 
fifty  feet  of  sucii  cupola,  and  be  covered  on  top  with  a  heavy 
wire  netting. 

?  19.  No  steam  pipe  shall  l)e  placed  within  two  inches  of 
any  timber  or  woodwork  unless  the  timber  or  woodwork  is 
protected  by  a  metal  shield,  then  the  distance  shall  not  be 
less  than  one  inch.  All  steam  pipes  passing  through  floors 
and  ceilings,  or  lath  and  plastered  partitions  shall  be  pro- 
tected by  a  metal  tube  one  inch  larger  in  diameter  than  the 
pipe,  and  the  space  shall  be  filled  with  mineral  wood,  asbestos 
or  other  incombustil)le  materials.  All  wooden  boxes  or  cas- 
ings inclosing  .steam  pipes  and  «all  covers  to  recesses  shall  be 
lined  with  iron  or  tin  plate.  All  brick  hot-air  furnaces  shall 
have  two  covers,  with  an  air  space  of  at  least  four  inches  be- 
tween them  ;  the  inner  cover  of  the  hot-air  chamber  shall  be 
either  a  brick  arch  or  two  courses  of  brick  laid  on  galvanized 
iron  or  tin  supported  by  iron  bars  :  the  outside  cover,  which 
is  the  top  of  the  furnace,  shall  be  made  of  brick  or  metal 
supported  by  iron  bars,  and  so  constructed  as  to  be  perfectly 
tignt,  and  shall  not  be  less  than  four  inches  below  the  ceil- 
ing or  floor  beam.  The  walls  of  all  furnaces  shall  be  built 
hoUow  in  the  following  manner  :  One  inner  and  one  ou^er 
wall,  each  four  inches  in  thickness,  properly  bonded  together 
with  an  air  space  of  not  less  than  three  inches  between  them. 
Furnaces  must  be  built  at  least  four  inches  from  all  wood- 
work. All  cold-air  boxes  shall  be  made  of  metal,  brick  or 
other  incombustible  materials  for  a  distance  of  at  least  three 


Title  XIV.  195     Department  of  Buildings 

feet  from  furnace.  All  portable  hot-air  furnaces  shall  be 
kept  at  least  two  feet  from  any  wooden  or  combustible  par- 
tition or  ceiling,  unless  the  partition  and  ceilings  are  prop- 
erly protected  by  a  met;d  shield,  when  the  distance  shall  n(^t 
be  less  than  one  foot.  Wooden  floors  under  any  portable 
furnace  shall  be  protected  by  a  suitable  stone,  or  a  course 
of  brick  well  laid  in  mortar.  Said  stone  or  brick  shall  ex- 
tend at  least  two  feet  beyond  the  furnace  in  front  of  the 
ash  pan.  Registers  located  over  n  biick  furnace  shall  be 
supported  by  a  brick  shaft  built  up  from  the  cover  of  the 
hot-air  chamber,  said  shaft  shall  have  a  metal  pipe 
inside  of  it.  AU  registers  for  hot-air  furnaces  placed  in  any 
woodwork  or  combustible  floors  shall  have  stone  borders 
firmly  set  in  plaster  of  paris  or  gauged  mortar.  AU  such 
register  boxes  shaU  be  made  of  tin  plate  with  a  flange  on  the 
top  to  fit  the  groove  in  the  stone,  the  register  to  rest  upon 
the  same  ;  there  shall  be  an  open  space  of  two  inches  on  all 
sides  of  the  register  box,  extending  from  the  under  side  of 
the  stone  border  to  and  through  the  ceiling  below.  The  said 
opening  shnU  be  fittad  with  tight  tin  casing,  the  upper  end 
of  which  shall  be  turned  under  the  stone.  When  a  register 
box  is  placed  on  the  floor  over  a  portable  furnace,  the  open 
space  on  all  sides  of  the  register  box  shall  not  be  less  than 
three  inches.  When  only  one  register  is  connected  with  the 
furnace  said  register  shall  have  no  valve.  AViiere  a  kitchen 
range  is  placed  near  a  wooden  stud  partition  the  studs  shall 
be  cut  away  and  framed  two  feet  higher  and  one  foot  wider 
than  the  range,  and  fiUed  into  a  line  with  said  stud  partition 
with  brick  or  fire-proof  blocks,  and  plastered  thereon.  No 
gas,  water,  or  o!her  pipes  which  may  be  introduced  into  any 
building  shaU  be  let  into  the  beams  unless  the  same  be  placed 
within  thirty-six  inches  from  a  wall  or  supporting  partition  ; 
in  no  case  shtiU  the  said  pipes  be  let  into  the  beams  more 
than  two  inches  in  depth.  Every  electiic  wire  for  furnishing 
light,  heat  or  power,  led  into  any  building  from  the  outside 
thereof,  shaU  be  arranged  with  suitable  appliances  to  cut  off 
the  current  on  the  outside  of  the  building.  AU  wires  placed 
inside  of  the  building,  whether  in  connection  with  aeiial  or 
undergroun  i  wires  and  carrying  electric  currents,  shall  be 
propeily  'nsu'ated.  All  gas  brackets  shall  be  placed,  at  least, 


Department  of  Buildings.  196 


Title  XIV. 


three  feet  below  any  ceilinf]^  or  woodwork,  unless  the  same  is 
properly  protected  by  a  shield  ;  iu  which  case  the  distance 
shall  not  be  less  tbaa  eighteen  inches.  In  cases  where  hot 
water,  steam,  Lot  air  or  otlier  heating  appliances  or  furnaces 
tire  herea!ter  placed  in  any  building,  or  flues  or  fire  places  are 
changed  or  enlarged,  due  notice  shall  first  be  given  to  the 
commissioner  of  buildings  by  the  person  or  persons  placing  the 
said  furnace  or  furnaces  in  said  building,  or  by  the  contractor 
or  superintendent  of  said  work. 

§  20  Every  building  which  is  more  than  three  stories  in 
height,  above  the  curb  level,  occupied  fur  manufacturing  or 
mercantile  purposes,  sball  have  doors,  blinds  or  shutters 
made  of  iron  hung  to  iron  hanging  frames,  or  to  iron  eyes 
built  into  the  wall  on  every  window  and  every  opening  above 
the  first  story  thereof,  excepting  on  the  front  openings  of 
buildings  fronting  on  streets  wliich  are  more  than  thirty  feet 
in  width,  or  where  no  other  buildings  are  within  thirty  feet 
of  such  openings.  Or  the  said  doors,  blinds  or  shutters  may 
be  constructed  of  i3ine  or  other  soft  wood  of  two  tlii(  knesses 
of  matched  boards  at  right  angles  with  each  other,  and  securely 
covered  with  tin,  on  both  sides  and  edges,  with  folding  Lip- 
ped joints,  the  nails  for  fastening  the  same  being  diiven 
inside  tlie  lap  ;  the  hinges  and  bolts,  or  latches  shall  be  secured 
or  fastened  to  the  door  or  shutters  after  the  same  has  been 
covered  with  the  tin,  and  such  doors  or  shutters  shall  be  hung 
upon  an  iron  frame,  independent  of  the  woodwork  of  the 
windows  and  doors,  or  two  iron  hinges,  securely  fastened  in 
the  masonry  ;  or  such  frames,  if  of  wood,  shall  be  covered 
with  tin  in  the  same  manner  as  the  doors  and  shutters.  AU 
occupants  of  the  building  shall  close  the  said  shutters,  doors 
and  blinds  at  the  close  of  the  business  of  each  day.  AU 
shutters  opening  on  tire-escapes,  and,  at  least,  one  row  verti- 
cally, in  every  three  rows  of  the  front  window  openings  above 
the  first  story  of  any  building  shall  be  so  arranged  that  they 
can  be  readily  opened  from  the  outside  by  firemen.  All  roll- 
ing iion  or  steel  shutters  hereafter  placed  in  the  first  story 
of  any  building  shall  be  counterbalanced,  so  that  said  rolling 
shutters  may  be  readil}'  opened  by  the  firemen.  All  windows 
and  openings  above  the  first  story  of  any  building  may  be 


Title  XrV. 


197      Department  of  Buildings. 


exempted  from  having  shutters,  upon  the  written  consent  of 
the  commissioner  of  buillings.  AYherp  opeuiugs  in  interior 
brick  WfiUs  are  fitted  with  fireproof  doors  or  shutters  to 
prevent  the  spread  of  fire  between  buildings,  or  parts 
of  any  buildings,  the  said  doors  or  shutters  shall  be 
closed  at  the  close  of  the  business  of  each  day  by  the  occu- 
pants or  occupant  of  the  building  having  use  or  control  of  the 
same. 

§  21.  In  any  builling  in  which  there  shall  be  any  hoist- 
way  01-  freight  elevator,  or  w(  11-bole  not  inclosed  in  walls  con- 
struc  ted  of  brick  or  other  fiieproof  material,  and  provided 
with  fireproof  doors,  the  openings  tbertof  through  and  upon 
each  floor  of  said  buildings,  sbiill  be  provided  with,  and  pro- 
tected by  a  substantial  guard  or  gate,  and  with  such  good 
and  sufficient  trap-doors  with  which  to  close  the  same,  as 
may  be  directed  and  approved  by  the  commissioner  of  build- 
ings. The  said  commissioner  shall  have  exclusive  power  and 
authority  within  said  city  to  require  the  openings  of  hoist- 
ways  or  hoistway  shafts,  elevators  and  well -holes  in  buildings, 
to  be  inclosed  or  secured  by  trap-dooi*s,  guards  or  gates  and 
railings.  Such  guards  or  gates  shall  be  kept  closed  at  all 
times,  except  when  in  actual  use,  and  the  tiap-doors  shall  be 
closed  at  the  close  of  the  business  of  each  day  by  the  occu- 
pant or  occupants  of  the  building  having  the  use  or  control 
of  the  same.  In  all  buildings  hereafter  erected,  the  roof  im- 
mediately over  the  hoistway,  elevator  or  well-hole  shall  be 
covered  with  a  skvlight  of  suitable  size.  All  (  levators  here- 
after placed  in  any  building,  except  such  fiieproof  buildings 
as  have  been  i>r  may  be  erected  in  accordance  with  this  title 
shall  be  inclosed  in  suitable  walls  of  brick,  or  with  suitable 
framework  of  iron  and  burnt  clay  filling,  or  of  such  other 
fireproof  filling,  materials  and  form  of  construction  as  may 
be  approved  by  the  commissioner  of  buildings.  Said  walls 
or  Construction  shall  extend  through,  and  at  least  three  feet 
above  the  roof,  and  all  openings  in  the  same  shall  be  provided 
with  firepr  )of  dooi*s.  Elevators  may  be  put  in  the  well-hole 
of  stairs  in  buildings,  without  such  brick  or  fireproof  inclos- 
ures,  where  the  stairs  are  inclosed  in  brick  or  stone  wall,  and 
the  staus  are  constructed  as  specified  hereafter.  Elevators 


Department  of  Buildings.     198  Title  XIV. 

may  nlso  be  pLiced  in  any  stair,  well  or  open  court  of  any 
building  erected  prior  to  the  passage  of  this  act,  under  a  per 
mit  therefor  from  the  commissioner  of  buildings,  but  tlie 
framework  and  inclosnres  of  any  such  elevator  shall  be 
constructed  of  fireproof  materials.  The  foregoing  require- 
ments as  to  biick  or  fireproof  shafts  shnll  include  all  dumb 
waiters,  except  sncli  as  do  not  extend  through  more  than 
three  stories  in  dwelling  houses.  The  roofs  over  all  inclosed 
elevators  shall  be  made  of  fireproof  materials,  with  a  skylight 
at  least  three-fourths  the  area  of  the  shaft,  made  of  glass,  set 
i  n  iron  frames.  Immediately  under  the  machinery  at  the 
top  of  ever}^  elevator  shaft  hereafter  placed  in  any  building 
in  said  cit}',  there  shall  be  provided  and  placed  a  substantial 
grating  or  screen  of  iron,  of  such  construction  as  shidl  be 
approved  by  the  commissioner  of  buildings.  The  commis- 
sioner of  buildings  shall  make  regulations  for  the  inspection 
of  passenger  elevators,  with  a  view  to  the  safety  of  passen- 
gers, and  shall  also  prescribe  suitable  qualifications  for  per- 
sons who  are  placed  in  charge  of  running  passenger  elevators. 
The  rcguhitious  so  made  shall  require  any  repairs  found 
necessary  upon  inspection  to  be  made  without  d«  lay.  In 
case  defects  are  found  to  exist  which  would  endanger  life  by 
the  continued  use  of  such  elevator,  tlien  upon  notice  from 
the  commissioner  of  buildings,  the  use  of  such  elevator  shall 
<;ease,  and  it  shall  not  again  be  used  until  a  certificate  shnll 
be  first  obtained  from  the  commissioner  that  sucli  elevator 
has  been  put  in  safe  order  and  is  fit  for  use.  No  person 
shall  employ  or  permit  any  person  to  be  in  charge  of  running 
any  passenger  elevator  who  does  not  possess  the  qualifications 
prescribed  therefor.  All  such  elevators  shall  be  inspected  at 
least  once  every  three  mouths.  Every  freight  elevator  or  lift 
shall  have  a  notice  posted  conspicuously  thereon  as  fuUosvs : 
Pers(ms  riding  on  this  elevator  do  so  at  their  own  lisk. 
Every  elevator  in  any  building  erected  to  be  occupied,  or 
now  occupied,  as  a  hotel,  shall,  within  six  months  after  the 
passage  of  this  act,  be  inclosed  in  suit,able  walls  constructed 
and  arranged  as  in  this  section  required  for  elevators  here- 
after x^l  iced  in  buildings,  unless  under  the  provisions  of  this 
section,  such  elevators  miglit  have  been  placed  in  said  build- 
ings without  such  inclo^jng  walls. 


Htle  XIV. 


199     Department  of  Buildings. 


§  22.  If  a  mansard  or  any  other  roof  having  a  pitch  of 
ever  sixty  degrees  be  placed  on  any  building,  except  a  wooden 
bnilding,  or  a  dwelling  house  not  exceeding  thirty  five  feet 
ii b(  14 ht,  it  shall  be  constructed  of  iron  rafters  and  lathed 
with  iron  on  the  inside  and  plastered,  or  filled  in  with  fire- 
proof material  not  less  than  three  inches  thick,  and  covered 
with  metal  or  tile.  All  exterior  cornices,  inclusive  of  those  on 
rfiow  windows  and  gutters  of  all  buildings,  shall  be  of  some 
fire-proof  material  and  be  well  secured  to  the  walls  with  iron 
aBchora,  independent  of  any  w^ood-work.  In  all  cases  the 
walls  shall  be  carried  up  to  the  planking  of  the  roof.  Where 
4he  cornice  projects  above  the  roof  the  walls  shall  be  carried 
wp  to  the  top  of  the  cornice.  The  party  w  alls  shall  in  all 
eases  extend  up  above  the  x^lftnkiug  of  the  cornice  and  be 
eoped.  All  exterior  w'ooden  corjiices,  on  other  than  frame 
buildings,  that  may  now  be  or  that  may  hereafter  become 
unsafe  or  rotten,  shall  be  taken  down,  and  if  replaced  shall 
he  constructed  of  some  fire-proof  material.  Bulkheads  used 
asfinclosures  for  tanks  and  elevators  and  coverings  for  the 
machinery  of  elevators  and  all  other  bulkheads,  including 
tbc  bulkheads  of  all  dwelHng  hc»uses  hereafter  erected  or 
altered,  may  be  constructed  of  hollow  fire  proof  blocks,  or  of 
wood  covered  with  not  less  than  two  iuches  of  fire-proof 
aiaterial,  or  filled  in  the  thickness  of  the  studding  with  such 
materials,  covered  on  all  sides  with  metal,  including  sides 
and  edges  of  doors.  Covers  on  top  of  water  tanks  placed  on 
joofs  may  be  of  wood  covered  with  tin. 

§23.  T be  planking  and  sheathing  of  the  roof  of  fvery 
feuiidiug  erected  or  built  as  aforesaid  shall  in  no  case  be  ex- 
tended across  the  side,  end  or  party  wall  thereof.  Every 
»uch  building  and  the  tops  and  sides  of  every  dormer  window^ 
thereon  shall  be  covered  and  roofed  with  slate,  tin,  copper  or 
iron,  or  such  other  quality  of  fire-proof  roofing  as  the  com- 
aaissioner  of  buildings,  under  his  certificate,  may  authorize, 
and  the  outside  of  the  frames  of  every  dormer  window  here- 
after placed  upon  any  building  as  aforesaid  shall  be  made  of 
some  fire-proof  material.  All  buildings  shall  have  scuttles 
«>r  bulkheads,  covered  with  some  fire-proof  material,  with 
ladders  or  stairs,  leading  thereto  and  easily  accessible  to  all 


Department  of  Buildings.  200 


Title  XIV. 


tenants.  No  fcuttle  shall  be  less  in  size  than  two  by  three 
feet.  All  skylights  having  a  superficial  area  of  more  than 
nine  square  feet  placed  in  any  building  shall  have  the  sashes 
and  frames  thereof  constructed  of  iron  and  glass.  Every 
fire-proof  roof  hereafter  placed  on  any  building  shall  have 
beside  the  usual  scuttle  or  bulkhead  a  skylight  or  skylights 
of  a  superficial  area  equal  to  not  less  than  one-tenth  the 
superficial  area  of  such  fire-proof  roof.  All  buildings  shall 
be  kept  provided  with  proper  metallic  leaders  for  conducting 
water  from  the  roofs  in  such  manner  as  shall  protect  the 
walls  and  foundations  of  such  buUdings  from  injury. 

§  24.  The  buildiug  limits,  within  which  all  buildings  to 
be  hereafter  erected  shall  be  built  of  brick,  stone  or  material 
other  th^in  wood,  shall  comprise  the  fire  limits  as  now  estab- 
lished by  law,  or  as  these  limits  shall  hereafter  be  extended 
by  the  common  council,  and  no  buildings  of  wood  shall  here- 
after be  erected  within  such  limits  except  as  in  this  title 
otherwise  provided.  Temporary  one-story  frame  buildings 
may  be  erected  for  the  use  of  builders,  within  the  limits  of 
lots  whereon  buildings  ai'e  in  course  of  erection,  or  on  adjoin- 
ing vacant  lots,  upon  permits  issued  by  the  commissioner  of 
buildings.  Such  i)ermits  may  be  revoked  at  any  time  and 
all  such  buildings  must  be  removed  by  the  parties  erecting 
the  same  when  and  as  ordered  by  the  said  commissioner. 
Fences  of  wo  )d  shall  not  be  erected  over  ten  feet  high.  Signs 
of  wood  shall  not  be  erected  over  two  feet  high  on  any  build- 
ing. Piazzas  or  balconies  of  wood,  which  do  not  exceed  eight 
feet  in  width,  and  which  do  not  extend  more  than  three  feet 
above  the  second  story  floor  beams,  with  piers  of  masonry  or 
iron  columns  to  support  the  same,  may  be  erected  upon  the 
front  or  side  of  any  detached  dwelling-house  occupied  by  not 
more  than  one  family,  but  only  upon  a  permit  from  the  com- 
missioner of  buildings.  The  roofs  of  all  piazzas  shall  be 
covered  wath  some  fire-proof  material.  Sheds  of  wood  not 
over  eight  feet  high,  open  on  at  least  one  side,  with  the  sides 
and  roof  thereof  covered  with  fire-proof  material,  may  also  be 
built,  but  no  fence  shall  be  used  as  the  back  or  side  of  any 
such  shed  ;  and  frame  structures  not  exceeding  fifty  square 
feet  in  area  and  one  story  high  may  be  built  with  the  con- 


Title  XIV. 


201     Department  of  Buildings. 


sent  of  the  commissioner.  Any  bay  or  oriel  window  that 
does  not  extend  more  than  three  feet  above  the  second  story 
floor  of  any  dwelling-house  may  be  built  of  wood.  Exterior 
privies  and  wood  or  coal  houses  not  exceeding  one  hundred 
and  fifty  square  feet  in  superficial  area  and  eight  feet  high, 
may  be  built  rf  wood,  but  the  roofs  thereof  must  be  covered 
with  metal,  gravel  or  slate. 

§  25.  It  shall  not  be  lawful  for  the  owner  or  owners  of  any 
brick  dwelling-house  with  eight-inch  walls,  or  of  any  wooden 
building  already  erected  that  has  a  peaked  roof,  to  raise  the 
same  for  the  purpose  of  making  a  flat  roof  thereon,  unless  the 
same  be  raised  with  the  same  kind  of  material  as  the  build- 
ing, and  unless  such  new  roof  be  covered  with  slate,  tin  or 
other  fii*e-proof  material.  Provided  that  such  building  when 
so  raised  shall  not  exceed  forty  feet  in  height  to  th-  highest 
part  thereof.  All  such  buildings  must  exceed  twenty-five 
feet  in  height  to  the  peak  of  the  roof  before  the  said  altera- 
tion and  raising.  If  any  such  building  shall  have  been  built 
before  the  street  upon  which  it  is  located  is  graded,  or  if  the 
grade  is  altered,  such  building  may  be  raised  or  lowered  to 
meet  the  requirements  of  such  grade.  No  frame  building 
more  than  two  stories  in  height,  now  used  as  a  dwelling 
shall  hereafter  be  raised  or  altered  to  be  used  as  a  factory, 
warehouse  or  stable.  No  brick  or  wooden  building  shall  be 
enlarged  or  built  upon  unless  the  exterior  walls  of  s.iid  addi- 
tion or  enlargement  be  constructed  of  fire-proof  material ; 
provided,  however,  that  such  brick  or  wooden  buildiugs  may- 
be raised,  lowered  or  altered  under  the  same  circumstances, 
and,  in  the  same  manner,  specirdly  provided  for  in  this  section. 
No  wooden  building  shall  be  moved  from  one  lot  to  another 
until  a  sworn  petition,  setting  forth  the  purpose  of  said  re- 
moval and  the  uses  to  which  said  building  is  to  be  applied,  is 
filed  in  the  office  of  the  commissioner  of  buildings,  and  the 
written  consent  of  the  commissioner  and  the  next  adjoining 
property  owners  is  first  obtiined  therefor.  No.  wooden 
buildings  shall  be  removed  from  without  to  within  the  limits 
prescribed  herein  for  the  erection  of  wooden  buildings.  No 
frame  dwelling-house  hereafter  erected  shall  be  occupied  by 
more  than  two  families  on  each  floor,  noi  shall  any  frame 


Department  of  Buildings.  202 


Title  Xlf  . 


building  calready  ei  ested  be  altered  to  be  occupied  by  mom 
than  two  familes  on  each  fljor. 

§  26.  Frame  buildings  of  any  kind  that  may  hereafter  be 
erected  outside  of  the  fire  limits  <>f  the  City  shall  be  built  of 
foundations  of  stone  not  less  than  eighteen  inches  in  thick- 
ness, or  of  brick  not  less  than  twelve  inches  in  thickness  to 
curb  level  or  surface  of  ground  ;  the  commissioner  may  make 
such  rules  and  regulations  regarding  the  thickness  of  timber, 
brick,  filling  in  of  walls,  temporary  and  permanent  bracing 
and  bridging  as,  in  his  judgement  may  be  required.  AH 
party  walls  to  be  filled  in  with  brick  four  inches  thick  and 
can  ied  up  above  the  roof  line  with  three  courses  and  covered 
over  on  top  with  tin  or  other  fire  resisting  material.  AM 
exterior  walls  to  be  sheathed  up  in  a  diagonal  manner  witJi 
boards  not  less  than  one  inch  thick,  the  sheathing  to  be  put 
on  the  frame  as  it  may  be  raised  story  after  story.  All 
chimneys  or  flues  that  may  be  used  for  hot  air  or  smoke  shall 
be  built  of  brick  ;  the  back  and  ends  of  such  fine  or  chimney* 
shall  not  be  less  than  eight  inches  in  thickness  and  the  jointi 
struck  on  the  inside.  No  frame  building  that  may  hereafter 
be  erected  shall  be  built  to  a  height  exceeding  forty  feet  and 
divided  into  more  than  three  stories  to  be  used  as  a  dwelling 
or  a  tenement  house.  If  used  for  manufacturing  purpofies 
not  more  than  thirty  feet  in  height  and  divided  into  not  moi* 
than  two  stories,  excepting  grain  elevators  erected  on  whar.v^ 
at  the  water  front,  as  hereinafter  provided.  Frame  struc- 
tures or  buildings,  not  exceeding  one  story  or  twenty-five 
feet  in  height  to  the  eaves,  may  be  erected  on  the  docks  and 
wharves  at  the  water  front  of  the  city.  The  commissioner 
may  make  such  rules  and  regulations  as,  in  his  judgment, 
may  be  necessary,  to  regulate  the  height  of  the  structure^ 
the  foundations,  thickness  of  timber  required,  and  the  maiv 
ner  of  construction,  but  no  such  building,  shed  or  structusse 
shall  be  built  within  fifty  feet  of  any  other  building. 

§  27.  Every  wooden  or  frame  building,  within  the  lire 
limits,  which  hereafter  may  be  damaged  to  an  amount  not 
greater  than  one  half  of  the  value  thereof,  exclusive  of  the 
valuation  of  the  foundation  thereof,  at  the  time  of  such  daoa- 
age,  may  be  repaired  or  rebuilt.    If  such  damage  shalll 


©tie  XIV. 


203     Department  of  Buildings. 


•mount  to  more  than  one-half  of  the  value  thereof,  exclusive 
of  the  value  of  the  foundation,  then  such  building  shall  not 
be  repaired  or  rebuilt,  but  shall  be  taken  down.  The  amount 
w  extent  of  such  damng-es  by  fire,  in  case  of  disagreement 
in  relation  thereto  between  the  commissioner  and  the  owners 
of  such  damaged  building,  shall  be  determined  by  two  dis- 
interested persons  residing  in  the  city,  one  of  whom  shall  be 
appointed  by  the  owner  or  owners  of  such  building,  or  his 
or  their  lawful  agent,  and  one  by  the  commissioner  of  build- 
ings,* and  ir:  case  these  two  persons  disagree,  they  shall  select 
a  third  disinterested  person,  and  the  decision  in  writing  of 
any  two  of  them  shall  be  final  and  conclusive  in  the  premises, 
and  such  builuing  shall  not  be  repaired  or  rebuilt  until  the 
appointment  of  such  persons  as  aforesaid,  nor  until  after  their 
decision  shall  be  made  in  writing  as  aforesaid,  finding  that 
BBch  damages  do  not  exceed  one  half  of  the  value  of  such 
l)mlding  as  it  existed  before  such  fire.  In  case  it  is  rebuilt 
it  shall  have  a  fire-proof  roof,  and  not  exceed  the  provisions 
©f  section  twenty-five  of  this  title. 

§  28.  Every  dwelling-house  occupied  b}^  or  built  to  be  oc- 
cupied by  three  or  more  families  above  the  first  story,  and 
«very  building  already  erected,  or  that  may  hereafter  be 
erected,  more  than  three  stories  in  height,  occupied  and  used 
as  a  hotel  or  lodging  house,  and  every  boarding  house  having 
more  than  fifteen  sleeping  rooms  above  the  basement  story, 
and  every  factory,  mill,  manufactory  or  workshop,  hospital, 
asj^lum  or  iustitutioli  for  the  care  or  treatment  of  individuals, 
and  every  building  in  whole  or  in  part  occupied  or  used  as  a 
school  or  place  of  instruction  or  assembly,  and  every  office 
building  five  stories  or  more  in  height,  shall  be  provided 
with  such  good  and  sufficient  fire-escapes,  stairways,  or  other 
M>eans  of  egress  in  case  of  fire  as  shall  be  directed  by  the 
eommissioner  of  buildings.  Said  commissioner  shall  have 
lull  and  exclusive  power  and  authority  within  said  city  to 
direct  fire-escapes  and  other  means  of  egress,  to  be  provided 
»pon  and  withmsaid  buildings  or  any  of  them,  and  to  direct 
the  same  to  be  repaired,  renewed  or  replaced  where  they  are 
far  become  out  of  repair,  unsafe  or  ina  lequate.  The  owner 
9T  owners  of  any  building  upon  which  a  fire-escape  is  erected 


1 


Department  of  Buildings.     20i  Title  XIV. 

shall  keep  the  same  in  good  repair  and  properly  painted  and 
free  from  obstraclions.  No  person  shall  at  any  time  place 
any  incumbrance  of  any  kind  whatsoever  before  or  upon  any 
fire  escape.  It  shall  be  the  duty  of  every  fireman  and  police- 
man who  shall  discover  any  fire-escape  balcony,  or  ladder  of 
any  fire  escape  incumbered  in  any  way,  to  forthwith  report 
the  same  to  the  commanding  officer  of  his  companj^  or  pre- 
cinct, and  the  occupant  of  the  premises  or  apartment  to 
which  said  fire-escape  balcony  or  ladder  is  attached,  or  for 
whose  use  the  same  is  provided,  shall  be  notified,  either 
verb.iUy  or  in  writino-,  to  remove  such  incumbrance  and  keep 
the  same  clear.  If  said  notice  shall  not  be  complied  with  by 
the  remf)val  foi  thwitli  of  such  incumbrance,  and  keepin.<2f  said 
firt-escapo  balcony  or  ladder  free  from  incumbrances,  then  it 
shall  be  the  duty  of  said  commanding  officer  to  apply  to  the 
nearest  police  magistrate  for  a  warrant  for  the  arrest  of  the 
occn))ant  or  occupants  of  the  said  premises  or  apartments  of 
which  the  fire-escape  forms  a  part,  and  the  said  parties  shall 
be  brought  before  the  said  magistrate,  as  for  a  misdemeanor; 
and,  on  conviction,  the  occupant  or  occupants  of  said  premises 
or  apartuunt  shall  be  finnd  not  more  than  twenty-five  dollars 
for  each  offense,  or  may  be  imprisoned  not  to  exceed  ten  days, 
or  both,  in  the  discreticm  of  the  court.  In  the  construction 
of  all  bidcony  fire-escapes,  the  manufacturer  thereof  shall 
securely  fasten  thereto,  in  a  conspicuous  pi  ice,  a  cast  iron 
plate,  having  suitable  raised  letters  on  the  same,  to  read  as 
follows:  Notice — Any  person  placing  incumbrance  on  this 
balcony  is  liable  to  a  penalty  of  twenty-five  dollars  and  im- 
prisonment for  ten  days.  All  Imildings  requiring  fire-escapes 
shall  have  stationary  iron  ladders  leading  to  the  scuttle 
opening  in  the  roof  tht^reof,  and  all  scuttles  and  ladders  shall 
be  kept  so  as  to  be  ready  for  use  at  all  times,  and  easily  ac- 
cessible to  all  tenants.  If  a  bulkhead  is  used  in  phice  of  a 
scuttle  it  shall  have  stairs ;  the  door  in  the  bulkhead  or  any 
scuttle  sh a U,  at  no  time,  be  locked,  but  may  be  fastened  on 
the  inside  by  movable  bolts  or  hooks ;  and,  if  a  bulkhead, 
shall  have  st  lirs,  with  handrail  leading  to  the  roof.  Every 
dwelling-house  arranged  for  or  occupied  by  two  or  more  fami- 
lies above  tne  first  story,  hereafter  erected,  shall  be  provided 


Title  XrV.  205     Department  of  BTiildings. 

with  an  enh-ance  to  the  basement  thereof  from  the  outside  of 
such  building. 

§  29.  In  all  buildings  of  a  public  character,  such  as  hotels, 
churches,  theaters,  restaurants,  railroad  depots,  public  halls, 
and  other  buildings  used  or  intended  to  be  used,  for  purposes 
of  public  assembly,  amusement  or  instruction,  the  halls, 
doois,  stairways,  seats,  passageways  and  aisles,  and  all  light- 
ing and  heating  appliances  and  apparatus  shall  be  arranged  as 
the  commissioner  of  buildings  shall  direct,  to  facilitate  egress 
in  case  of  fires  or  accident,  and  to  afford  the  requisite  and 
proper  accommodation  for  the  public  protection  in  such 
cases.  All  aisles  and  passageways  in  said  buildings  shnll  be 
kept  free  from  camp  stools,  chairs,  sofas  and  other  obstruc- 
tions, and  no  person  shall  be  allowed  to  stand  in  or  occupy 
any  of  said  aisles  or  passageways  during  any  performance, 
service,  exhibition,  lecture,  concert,  ball  or  any  public  assem- 
blage. The  commissioner  of  buildings  may,  at  any  time, 
serve  a  written  or  printed  notice  upon  the  owner,  lessee  or 
manager  of  any  of  said  buildings,  directing  any  act  or  thing 
to  be  done  or  provided  in  or  about  the  said  buildings  and 
the  several  appliances  therewith  conoected,  such  as  htdls, 
doors,  windows,  seats,  aisles,  fire-walls  and  fire-escapes,  so  as 
to  afford  such  secmity  to  the  public  in  the  uses  to  which  they 
may  be  severally  applied  as  he  may  deem  necessary.  Noth- 
ing herein  contaiued  shall  be  construed  to  authorize  orrequiie 
any  other  alterations  to  existing  theatres  than  are  specified 
in  this  section.  Upon  report  to  the  mayor  of  said  city  by  the 
commissioner  of  buildings  that  any  order  or  requirement  of 
this  title  in  regai'd  to  theatres  or  places  of  public  amusement 
has  been  violated  or  not  complied  with  in  any  such  building, 
the  said  mayor  may,  in  his  discretion,  revoke  the  license  of 
such  theatre  or  place  of  public  amusement  and  cause  the 
same  to  be  closed. 

§  30.  Every  theatre  or  opera  house,  or  other  buHding  in- 
tend-id  to  be  used  for  theatrical  or  operatic  purposes,  or  for 
pubUc  entertainments  of  any  kind,  where  stage  scenery  and 
apparatus  are  employed,  hereafter  erected,  shall  be  built  to 
comply  with  the  requirements  of  this  section.  No  building 
which,  at  the  time  of  the  passage  of  this  act  is  not  in  actual 


Department  of  Buildings.     206  Title  XIT. 

use  f  tr  theatrical  or  operatic  pui-poses,  and  no  buildingm 
hereafter  erected  not  in  couformity  with  the  reqniremeuts  of 
this  section,  shall  be  used  for  theatrical  or  operatic  purr-osea, 
or  for  public  entertainments  of  any  kind  where  stage  scenery 
and  apparatus  are  employed,  until  the  same  shall  have  baem 
mafle  to  conform  to  tje  requirements  of  this  section.  And 
no  building  hereinbefore  desciibed  shall  be  open  to  the  pub- 
lic for  theatrical  or  operatic  purposes,  or  for  public  enter- 
tainments of  any  kind  where  st  ige  m:ichinei-y  or  apparatui 
are  employed,  until  the  commissioner  of  buildings  sh«ll  hare 
approved  the  same  in  \vriting  as  conforming  to  the  require- 
ments of  this  section,  and  the  mayor  of  the  City  of  Brooklym 
shall  refuse  to  issue  any  license  for  any  such  buihling,  and 
such  building  shall  ha  cl  )sed  and  shall  not  be  «)pened  for  suck 
puiposes  until  a  certificate  in  writing  of  such  approval  shnll 
have  been  given  by  the  commissioner  of  buddings.  Every 
such  building  sh.dl  have,  at  least,  one  front  on  the  street,  and 
in  such  front  there  shall  b^  suitable  means  of  entrance  and 
exit  for  the  audience.  In  additlm  to  the  aforesaid  en trancei 
and  exits  on  the  street,  there  shall  reserved  for  service  ia 
case  of  an  emergency,  an  open  court  or  space  on  the  side  not 
b  »rdering  on  the  street,  where  s  litl  building  is  located  on  a 
comer  lot,  and  on  both  sides  of  snid  buUding  w  here  there  is  but 
one  frontage  on  t!»e  street.  The  width  of  such  o\yeu  court* 
or  court  shall  not  be  less  than  seven  feet  where  1  he  seating 
capacity  is  not  over  one  thous  md  people ;  above  one  thou- 
sand and  not  more  than  eighteen  hundred  people,  eight  feet 
in  width,  and  abjve  eigUteen  hundred  people,  ten  feet  im 
width.  Siud  open  court  or  courts  shall  begin  on  a  line  witk 
or  near  the  proscenium  wall,  and  shall  extf-n  1  the  length  of 
the  auditorium  proper,  to  or  near  the  wall  separating  the 
same  from  the  entrance  1  jbby  or  vestibule.  A  s'-parate  and 
distinct  corridor  shall  continue  to  the  street,  from  each  ojiea 
court,  through  such  supeistructure  as  may  be  built  on  the 
street  side  of  the  au'litorium,  \vith  continuous  walls  of  biiek 
or  fire-proof  materials  on  each  side.  The  entire  length  of 
said  corridors  or  coriidor,  and  the  ceiling  and  floors  shall  be 
fire-proof.  Said  conidor  or  corridoi"s  shall  not  be  reduced  ia 
width  to  more  than  three  fret  less  than  the  width  of  the  open 
com't  or  courts,  and  there  shall  be  no  projection  in  the  same; 


Title  XIV. 


207     Department  of  Buildings. 


the  outer  opeuing  to  be  provkle  1  with  doors  or  gates  opening 
toward  the  street.  During  the  performance  the  doors  or 
g  ites  in  the  corridor  shall  be  kept  open  by  proper  fastenings; 
at  other  times  they  may  be  closed  and  fastened  by  movable 
b  'lts  or  locks.  The  said  open  courts  or  corridors  shall  not 
be  used  for  storage  purposes,  or  for  any  purpose  whatsoever 
except  for  exit  and  entrance  from  and  to  the  auditorium  and 
stage,  and  must  be  kept  free  and  clear  during  performances. 
The  level  of  said  corridors  at  tlie  front  entrance  to  the  build- 
ing shall  not  be  greater  than  one  step  above  the  level  of  the 
sidewalk',  where  they  begin  at  the  street  entrances.  The  en- 
trance of  the  main  front  of  the  building  shall  not  be  on  a 
higher  lavel  from  the  sidewalk  than  four  steps,  unless  ap- 
proved by  the  commissioner  of  buildings.  To  overcome  any 
ditference  of  level  existing  between  exits  from  the  parquet 
into  courts  and  the  level  of  the  said  corridors,  gradients, 
shall  be  employed  of  not  over  one  foot  in  ten  feet  with  no- 
perpendicular  rises.  From  the  auditorium  opening  into  the 
said  open  court  or  on  the  side  street,  there  shall  be  noi 
less  than  two  exits  on  each  side,  in  each  tier  from  and  in- 
cluding the  parquet  and  each  and  every  gallery.  Each  exit 
shall  be,  at  least,  live  feet  in  width  in  the  clear,  and  provLled 
with  doors  of  iron  or  wood ;  if  of  wood  the  doors  shall  be 
constructed  as  hereinbefore  in  this  title  described.  All  of 
said  doors  shall  open  outwai'dly,  and  must  be  fastened  with 
movable  bolts,  the  bolts  tx)  be  kept  drawn  during  the  per- 
formances. There  shfdl  be  balconies  not  less  than  four  feet 
in  width  in  the  side  open  comt  or  courts  at  each  level  or  tier 
above  the  parquet,  on  each  side  of  the  auditorium,  of  suffi- 
cient length  to  embrace  the  two  exits,  and  from  said  balconies 
there  shall  be  staircases  extending  to  the  ground  lev«.l  with  a 
rise  not  over  eight  and  one-half  inches  to  a  step,  and  not  less 
than  nine-inch  tread,  exclusive  of  the  nosing.  The  staircase 
from  the  upper  balcony  to  the  next  below  shall  not  be  less 
than  thirty  inches  in  width  in  the  clear,  and  from  the  first, 
balcony  to  the  gi'ound  three  feet  in  width  in  the  clear  where 
the  st  ating  capacity  of  the  auditorium  is  for  one  thousand 
people  or  less,  three  feet  and  six  inches  in  the  clear  where  above 
one  thousand  and  not  more  than  eighteen  hundred  people^ 
and  four  feet  in  the  clear  where  over  eighteen  hundied  people. 


Department  of  Buildings.     208  Title  XIV. 

and  not  raore  than  twenty-five  hundred  peoj^le,  and  not  less 
than  four  feet  six  inches  in  the  clear  where  above  tweiit^'-five 
hundred  people.  All  the  beforementioned  balconies  and 
staircases  shaU  be  constructed  of  iron  throughout,  including 
the  floors,  and  of  ample  strength  to  sustain  the  load  to  be 
carried  by  them  ;  they  shull  be  covered  with  metal  hood  or 
awning,  to  be  constructed  as  shall  be  directed  by  the  com- 
missioner of  buildings.  Where  one  side  of  the  building 
borders  on  a  street  there  shall  be  balconies  and  staircases  of 
like  capacity  and  kind,  as  before  mentioned,  extending  to  the 
ground.  When  located  on  a  corner  lot,  that  portion  of  the 
premises  bordering  on  the  side  street  and  not  required  for 
the  use  of  the  theatre  may  be  used  for  offices,  stores  and 
apartments,  provided  the  walls  separating  tbis  portion  from 
the  theatre  proper  are  carried  up  solidly  to  and  through  the 
roof,  and  that  a  fire-proof  exit  is  provided  for  the  theatre,  on 
each  tier,  equal  to  the  combined  width  of  exits  opening  on 
opposite  sides  in  each  tier,  communicating  with  balconies 
and  stair/ases  leading  to  the  street  in  manner  provided  else- 
where in  this  section  ;  said  exit  passages  shall  be  entirely 
cut  off  by  brick  walls  from  said  offices,  stores  or  apartments, 
and  the  floors  and  ceilings  in  each  tier  shall  be  fire-proof. 
Nothing  herein  contained  shall  prevent  a  roof  garden,  art 
gallery,  or  rooms  for  similar  purposes  being  placed  above  a 
theatre  or  public  building,  provided  the  floors  of  the  same 
forming  the  roof  over  such  theater  or  building  shall  be  con 
structed  of  iron  or  steel  and  fii-e-proof  materials,  and  that 
said  floor  shall  have  no  covering  boards  or  sleepers  of  wood, 
but  be  of  tile  or  cement.  Every  roof  over  said  garden  or 
rooms  shall  have  all  supports  and  rafters  of  iron  or  steel,  and 
-be  covered  with  glass  or  fire-proof  material,  or  both,  but  no 
such  roof  garden,  art  gallery  or  room  for  any  public  purpose 
shall  be  placed  over  or  above  that  portion  of  any  theatre  or 
other  building  which  is  used  as  a  stage.  No  workshop, 
storage  or  general  property-room  shall  be  allowed  above  the 
auditorium  or  stage,  or  under  the  same,  or  in  any  of  the  fly 
-galleries.  All  of  said  rooms  or  shops  may  be  located  in  the 
Tear  or  at  the  side  of  the  stage,  but  in  such  cases  they  shall 
be  separated  from  the  stage  by  a  brick  wall,  and  the  openings 
.  leading  into  said  portions  shall  have  fire-proof  doors  on  each 


Title  XIV.  20*)     Department  of  Buildings. 

side  of  the  opeDings,  hung  to  iron  eyes  built  in  the  wall.  No  por- 
tion of  any  buildin,i>'  hereafter  erect  d  or  altered,  used  or  intend- 
ed to  be  used  for  tliesitrical  or  other  pui  poses,  as  in  this  section 
specified,  shall  be  occupied  or  used  as  a  hotel,  boarding  or 
lodging  house,  f  nctory,  workshop  or  manufactory^  or  for  storage 
purposes,  except  as  maybe  hereiiialtyr specially  provided  for. 
Said  restriction  relates  not  only  to  that  portion  of  the  building 
which  contains  the  auditorium  and  the  stage,  but  applies  also 
to  the  entire  structure  in  conjunction  therewith.  No  store 
or  room  conttdned  in  the  building,  or  the  office,  stores  or 
apartments  adjoining  as  aforesaid,  shall  be  let  or  used  for 
can ying  on  any  business,  dealing  in  articles  designated  as, 
specially  hazardous  in  the  classification  of  the  New  York  board 
of  fire  underwriters,  or  for  manufacturing  purposes.  No  lodg- 
ing accommodation  shall  be  allowed  in  any  part  of  the  build- 
ing communicating  with  the  auditorium.  Interior  walls 
built  of  fire-proof  materials  shall  separate  the  auditorium 
from  the  entrance  vestibule,  and  from  any  room  or  rooms 
over  the  same ,  also  from  any  lobbies,  corridors,  refreshment 
or  other  rooms.  All  staircases  for  the  use  of  the  audience 
shall  be  inclosed  with  walls  of  brick,  or  fire-proof  materials, 
approved  by  the  commissioner  of  buildings,  in  the  stories-^ 
through  which  they  pass,  and  the  openings  of  said  staircases 
from  each  tier  shall  be  the  full  width  of  said  staircase.  A 
fire  wall,  built  of  brick,  shall  separate  the  auditorium  from 
the  stage,  and  the  same  shall  extend  at  least  four  feet  above 
the  stage  roof,  or  the  auditorium  roof,  if  the  latter  be  the 
higher,  and  shall  be  coped.  Above  the  proscenium  opening, 
there  shall  be  an  iron  girder  covered  with  fire-proof  material. 
There  shall  also  be  constructed  a  relieving  arch  over  the 
same,  the  intervening  space  being  tilled  with  hard  burnt . 
brick  of  the  full  thickness  of  the  proscenium  wall.  Should 
there  be  constructed  an  orchestra  over  the  stage  above  the 
proscenium  opening,  the  said  orchestra  shall  be  placed  on 
the  auditorium  side  of  proscenium  fire  wall  and  shall  be 
entered  only  from  the  auditorium  side  of  said  wall.  The 
moulded  frame  around  the  proscenium  opening  shall  be 
formed  entirely  of  fire  proof  material ;  if  metal  be  used,  the 
metal  shall  be  tilled  in  solid  with  non-combustible  material 
and  securely  anchored  to  the  wall  with  iron.   The  proscenium. 


Department  of  Buildings.      210  Title  XTV. 

opening  shall  be  provided  with  fire-proof  metal  curtain,  or  a 
c.n  tain  of  asbestos,  or  similar  fire-proof  material,  approved 
by  the  commissioner  of  buildings,  sliding  at  each  end  within 
iron  grooves,  securely  fastened  to  the  brick  wall,  and  extend- 
ing into  such  grooves  not  less  than  six  inches  on  each  side. 
Said  fire-proof  curtin  shall  be  raised  at  the  commencement 
of  each  performance,  and  lowered  at  the  close  of  said  per- 
formance, and  be  operated  by  approved  machinery  for  that 
piu-pose.    The  proscenium  curtains  shall  be  placed  at  least 
three  feet  distant  from  the  footlights  at  the  nearest  point. 
All  doorways  or  openings  through  the  proscenium  wall,  from 
the  auditorium,  in  every  tier,  shall  have  doors  of  iron  or  wood 
on  each  face  of  the  wall  ;  if  of  wood  the  doors  shall  be  con- 
structed as  hereinbefore  described,  and  the  doors  hung  so  as 
to  be  opened  from  either  side  at  all  times.    There  shall  be 
no  openings  in  the  proscenium  fire  wall  above  the  level  of  the 
auditorium  ceilings.    Direct  access  to  these  doors  shall  be 
provided  on  both  sides,  and  the  same  shall  always  be  kept 
free  from  any  incumbrance.    Iron  ladders  or  stairs,  securely 
fixed  to  the  wall,  on  the  stage  side,  shall  be  provided  to  over- 
"Come  any  difierence  of  level  existing  between  the  floor  or 
galleries  on  the  stage  side  of  the  fire-wall  and  those  on  the 
side  of  the  auditorium.    There  shall  be  provided  over  the 
stage,  metal  skylights,  of  an  area  or  combined  area  of  at  least 
one-eighth  of  the  area  of  said  stage,  fitted  with  sliding  sash 
and  glazed  with  double-thick  sheet  glass,  not  exceeding  one- 
eighth  of  an  inch  thick,  each  pane  thereof  measuring  not 
less  than  three  hundred  square  inches,  and  the  whole  of 
which  skylight  shall  bo  so  constructed  as  to  open  instantly 
on  the  cutting  or  burning  of  the  hemp  cord,  which  shall  be 
arranged  to  hold  said  skylight  closed,  or  some  other  equally 
simple  ai:)proved  device  for  opening  them  maybe  provided. 
All  that  portion  of  the  stage  not  comprised  in  the  working  of 
scenery,  traps  and  other  mechanical  apparatus  for  the  pre- 
sentation of  a  scene  usually  equal  to  the  width  of  the  pro- 
scenium openings,  shall  be  built  of  iron  or  steel  beams,  filled 
in  between  with  fire-proof  materials,  and  all  girders  for  the 
support  of  said  beams  shall  be  of  wrought-iron  or  roUed- 
steel.  The  fly  galleries  entire,  including  pin-rails,  shall  be  con- 
structed of  iron  or  steel,  and  the  floors  of  said  galleries  shall  be 
composed  of  iron  or  steel  beams  filled  with  fire-proof  material. 


Title  XIV.  '211      Department  of  Buildings. 

and  no  wooden  boards  or  sleepers  sliall  be  used  as  covering 
over  beams,  but  the  said  floors  shall  be  entirely  fire-proof. 
The  rigging  loft  shall  be  fire-proof  txcej^t  the  floor  covering 
the  same.    All  stage  scenery',  curtains  and  decorations  made 
of  combustible  material,  and  all  wood  work  on  or  about  the 
stage  shall  be  saturated  with  some  non-combustible  material, 
or  otherwise  rendered  safe  against  fire,  to  the  satisfaction  of 
the  commissioner  of  buildings.    The  roof  over  the  auditorium 
and  the  entire  main  floor  of  the  auditorium  and  vestibule, 
also  the  entire  floor  of  the  second  story  of  the  front  super- 
structure over  the  entrance  lobby  and  corridors,  and  all 
galleries  in  the  auditorium  shall  be  constructed  of  iron  or 
steel  and  tire-proof  material,  notexclurliug  tlje  use  of  wooden 
floor  boards  and  necessary  sleepers  to  fasten  the  same  to,  but 
such  sleepers  shall  not  mean  timbers  of  support.    The  fronts 
of  each  gallery'  shall  be  formed  of  fire-proof  material,  except 
the  capping,  which  may  be  of  wood.    The  ceiling  under  each 
gallery  shall  be  entirely  formed  of  fire-proof  material.  The 
ceiling  of  the  auditorium   shall  be   formed  of  fire-proof 
material.    All  lathing,  whenever  used,  shall  be  of  mstal. 
The  partitions  in  that  portion  of  the  building  which  contains 
the  auditorium,  the  entrance  vestibule  and  every  room  and 
passage  devoted  to  the  use  of  the  audience  shall  be  con- 
structed of  fire-proof  material  including  the  furring  of  out- 
side or  other  walls.    None  of  the  walls  or  ceilings  shall  be 
covered  with  wood  sheathing,  canvas  or  any  combustible 
material ;  but  this  shall  not  exclude  the  use  of  wood  wain- 
scoting to  a  height  not  to  exceed  six  feet,  which  shall  be 
filled  in  solid  between  the  wainscoting  and  the  wall  with  fire- 
proof material.    The  walls  separating  the  actors'  dressing 
room  from  the  stage,  and  the  partitions  dividing  the  dress- 
ing rooms,  together  wdth  the  partitions  of  every  passage  way 
from  the  same  to  the  stage,  and  all  other  partitions  on  or 
about  the  stage,  shall  be  constructed  of  fire-proof  material 
approved  by  the  commissioner;  all  doors  in  any  of  said  par- 
titions shall  be  of  iron,  or  of  wood  constructed  as  hereinbe- 
fore described.    All  the  shelving  and  cupboards  in  each  and 
every  dressing-room,  property-room  or  other  storage-rooms, 
shall  be  constructed  of  metal,  slate  or  some  fire-proof  material. 
Dressing-rooms  may  be  placed  in  the  fly  galleries,  pro 


Department  of  Buildings.     212  Title  XIV. 

vided  that  proper  exits  are  secured  tlierefrom  to  the  fire- 
escapf^s  in  the  open  courts,  and  that  the  partitions  and  other 
matters  pertaiain<Tf  to  dressing-rooms  shall  conform  to  the 
requirements  herein  contained,  but  the  stairs  leading  to  the 
same  shall  be  fire -proof.  All  seats  in  the  auditorium,  except- 
ing those  contained  in  boxes,  shall  be  firmly  secured  to  the 
floor,  and  no  seat  in  the  auditorium  shall  have  more  thnn  six 
seats  intervening  between  it  and  an  aisle,  on  either  side,  and 
no  stool  or  seat  shall  be  placed  in  any  aisle.  All  platforms 
in  galleries  formed  to  receive  the  seats  shall  not  be  more  than 
twenty-one  inches  in  height  of  riser  nor  less  than  thirty  inches 
in  width  of  platform.  All  aisles  on  the  respective  floors  in 
the  auditorium  having  seats  on  both  sides  of  same,  shall  be 
not  less  than  three  feet  wide  wluro  they  be^in,  and 
shall  be  increased  in  width  toward  the  exits  in  the  ratio 
of  one  and  one-half  inches  to  five  running  feet.  Aisles  having 
seats  on  one  side  only  shpll  not  be  h  ss  than  two  feet  wide  at 
their  beginning  and  increase  in  width  the  same  as  aisles 
having  stats  on  both  sides.  The  aggregate  capacity'  of  the 
foyers,  lobbies,  corridors,  passages  and  rooms  for  the  use  of 
the  audience,  not  including  aisle  space  between  seats,  shall, 
on  each  gallery  floor,  be  sufiQ.rient  to  contain  the  entire  num- 
ber to  be  accommodated  on  said  floor  gallery,  in  the  ratio  of 
one  hundred  and  fifty  superficial  feet  of  floor  room  for  every 
one  hundred  persons.  Gradients  or  inclined  planes  shall  be 
employed  instead  of  steps,  wliere  possible,  to  overcome  slight 
difference  of  level  in  or  between  aisles,  corridors  and  pass- 
ages. Eveiy  theater  accommodating  three  hundred  persons 
shall  have  at  least  two  exits ;  when  accommodating  five 
hundred  persons  at  least  three  exits  shall  be  provided  ;  these 
exits  not  referring  to  or  including  the  exits  to  the  open  courts 
at  the  side  of  the  theater.  Doorways  of  exit  or  entrance  for 
the  use  of  the  public  shall  not  be  less  than  five  feet  in  wiflth, 
and  for  every  additional  one  hundred  persons  or  portions 
thereof  to  be  accommodated,  in  excess  of  five  hundred,  an 
aggregate  of  twenty  inches  additional  exit  width  must  be 
allowed.  All  doors  of  exit  or  entrance  shall  open  outwardly, 
and  be  hung  to  swing  in  such  a  manner  as  not  to  become  an 
obstruction  in  a  passage  or  corridor,  and  no  such  dooi  s  shall 
be  closed  and  locked  during  any  representation,  or  when 


w 


Title  XrV.  213     Department  of  Buildings. 

the  building  is  open  to  the  public.  Distinct  and  separate 
places  of  exit  and  entrance  shall  be  provided  for  each 
gallery  above  the  first.  A  common  place  of  exit  and  en- 
trance may  serve  for  the  main  fioor  of  the  auditorium  and  the 
fii'st  gallery,  provided  its  capacity  be  equal  to  the  aggregate 
capacity  of  the  outlets  from  the  main  floor  and  the  said  gal- 
lery. No  passage  leading  to  any  stairway  communicating 
with  any  entrance  or  exit  sball  be  less  than  four  feet  in  width 
in  any  part  thereof.  All  stairs  within  the  building  shall  be 
constructed  of  fireproof  material  throughout.  Stairways 
serving  for  the  exit  of  fifty  people  must,  if  straight,  be  at 
least  four  feet  wide  between  railings  or  between  walls,  and  if 
curved  or  winding,  five  feet  wide,  and  for  every  additional 
fifty  people  to  be  accommodated  six  inches  must  be  added  to 
their  width.  In  no  case  shall  the  risers  of  any  stairs  exceed 
seven  and  a  half  inches  in  height,  nor  shall  the  treads,  exclu- 
sive of  nosings,  be  less  tban  ten  and  one-half  inches  wide  in 
straight  stairs.  In  circular  or  winding  stairs  the  widtb  of 
the  tread  at  the  narrowest  end  shall  not  be  less  than  seven 
inches.  "Where  the  seating  capacity  is  for  more  than  one 
thousand  people  there  shall  be  at  least  two  independent  st  ur- 
eases, with  direct  exterior  outlets,  provided  for  each  gallery 
in  the  auditorium  where  there  are  not  more  than  two  gal- 
leries, and  the  same  shall  be  located  on  opposite  sides  of  said 
galleries.  Where  there  are  more  than  two  galleries  one  or 
more  additional  staircases  shall  be  provided,  the  outlets  from 
which  shall  communicate  directly  with  the  principal  exit  or 
other  exterior  outlets.  All  said  staircases  shall  be  of  width 
proportioned  to  the  seating  capacity,  as  elsewhere  herein 
prescribed.  Where  the  seating  capacity  is  for  one  thousand 
people  or  less,  two  direct  lines  of  staircases  only  shall  be  re- 
quired, located  on  opposite  sides  of  tbe  galleries,  and  in  both 
cases  shall  extend  from  the  sidewalk  level  to  the  upper  gal- 
lery, vrith  outlets  from  each  gallery  to  each  of  said  staircases. 
At  least  two  independent  staircases,  with  direct  exterior  out- 
lets, shaU  also  be  provided  for  the  service  of  the  stage,  and 
shall  be  located  on  opposite  sides  of  tbe  same.  All  inside 
staircases  leading  to^the  upper  galleries  or  the  auditorium 
shall  be  inclosed  on  both  sides  with  walls  of  fireproof 
materials.      Starrs'  leading  to  the  first  or  lower  gallery 


Department  of  Buildings.      21 4  Title  XIV. 

may  be  left  open  on  one  siile,  in  which  case  they  shall 
be  constructed  as  herein  provided  foi'  similar  stairs  leading 
from  the  entrance  hall  to  the  main  floor  of  the  auditorium  ; 
but  in  no  ca=e  shall  stairs  leading  to  any  gallery  be  left  open 
on  both  sides.  When  straight  stairs  return  directly  on 
themselves,  a  lauding  of  the  full  width'^of  both  flights,  with- 
out any  steps,  shall  be  provided.  Stairs  turning  at  an  angle 
shall  have  a  proper  landing  without  winders  introduced  at 
said  tm'n.  In  stairs,  when  two  side  flights  connect  with  one 
main  flight,  no  winders  shall  be  introduced,  and  the  width  of 
the  main  flight  shall  be  at  least  equal  to  the  aggregate  width 
of  the  side  flight.  Circular  or  winding  stairs  shall  have 
proper  landings  introduced  at  convenit^ut  distances.  All  in- 
closed staircases  sliall  have,  on  both  sides,  strong  hand-rails 
firmly  secured  in  the  wall  about  three  iuches  distant  there- 
from, and  about  three  feet  above  the  stairs,  but  said  hand- 
rails need  not  run  on  level  platforms  and  landings  where  the 
same  is  more  in  length  than  tao  width  of  the  stairs.  Every 
steam  boiler  which  may  be  required  for  heating  or  other  pur- 
poses, shall  be  located  outside  of  the  building,  and  the  space 
alloted  to  the  same  shall  be  inclosed  by  walls  of  masonry  on 
all  sides,  and  the  ceiling  of  such  space  shall  be  constructed 
of  fire-proof  materials.  All  doorways  in  said  Wcdls  shall  have 
iron  doors.  No  floor  register  for  heating  shall  be  permitted. 
No  coil  or  radiator  shall  be  placed  in  any  aisle  or  passage- 
way used  as  an  exit ;  but  all  said  coils  and  radiators  shall  be 
placed  in  recesses  formed  in  the  wall  or  partition  to  receive 
the  same.  All  supply,  return  or  exhaust  pipes  shall  be  prop- 
erly incased  and  protected  where  passing  through  floors  or  near 
woodwork.  Stand-pipes  of  two  and  one-half  iuches  in  diame- 
ter shall  be  provided  with  hose  attachments  on  every  floor 
and  gallery  as  follows,  namely :  One  on  each  side  of  the 
stage  in  each  tier,  also  on  each  side  of  the  auditorium,  and 
at  least  one  in  the  property-room  and  one  in  the  carpenter's 
shop,  if  the  same  be  contiguous  to  the  building.  All  such 
stand-pipes  shall  be  kept  clear  from  obstruction.  Said 
stand-pipes  shall  be  separate  and  distinct,  receiving 
their  supply  of  water  direct  from  the  steam-pumps 
and  shall  be  fitted  with  the  regulation  couplings 
of  the  fire  department,   and   shaU  be    kept  constantly 


Tile.  XIV. 


215     Department  of  Buildingsr 


filled  with  water  by  means  of  automatic  steam  pump 
pumps  of  sufficient  capacity  to  supply  all  the  lines  of  hose 
when  operated  simultaneously;    and  said  pump  or  pump&- 
shall  be  supplied  from  the  street  main,  and  be  ready  for  int- 
mediate  use  at  all  times  durinj^  a  performance  in  said  build- 
ing.   A  separate  and  distiuct  system  of  automatic  sprinklers,, 
with  fusible  plugs,  approved  by  the  coramissioDer  of  build- 
ings, supplied  with  water  from  a  tank  located  on  the  root 
over  the  stage  and  not  connected  in  any  manner  with-  ihe 
standpipes,  shall  be  placed  up  and  around  the  prosceniuni' 
opening  and  on  the  ceiling  or  roof  over  the  stage  at  such  in- 
tervals as  will  protect  every  square  foot  of  stage  surface  wbezL 
said  sprinklers  are  m  operation.     Automatic  spriuklers^  shall 
also  be  placed  wherever  practicable,  under  the  st  »ge  and  in. 
the  carpenter  shop,  paint  rooms,  store  rooms  and  praperty 
rooms.    A  proper  and  sufficient  quantity  of  two  and  on<"-haIf 
inch  hose,  fitted  with  the  regulation  couplings  of  the  fire  de- 
partment, and  with  nozzles  attached  thereto,  and  with  hose- 
wrench  at  each  outlet  shall  always  be  kept  attached  to  eac^: 
hose  attachment.     There  shall  also  be  kept  in  readiness  fear 
immediate  use  on  the  stage  at  least  four  casks  full  of  water,, 
and  two  buckets  to  each  cask.     Said  casks  and  buckets  shall 
be  painted  red.     There  shall  also  be  provided  hand  pumps- 
or  other  portable  fire  extinguishing  apparatus,  and,  at  leasts-  . 
four  axes,  and  two  twenty-five  feet  hooka,  two  fifteen  feet- 
hook-;,  and  also  two  ten  feet  hooks  on  each  tier  or  floor  of  the. 
stage.    Every  portion  of  the  buildings  devoted  to  the  uses  or 
accommodation  of  the  public,  also  all  outlets  leading  to  tbfr- 
Btreet,  and  including  the  open  courts  and  corridors,  shall  ha 
well  and  properly  lighted  during  every  performance,  and  tire 
same  shall  be  left  lighted  during  each  performance,  until  thm. 
entire  audience  has  left  the  premises.     At  least  two  or  monsr 
oil  lamps  on  each  side  of  the  auditonum  in  each  tier  shall 
provided  on  fixed  brackets,  not  less  than  seven  feet  above  the- 
floor.    Said  lamps  shall  be  filled  with  whale  or  lard  oil,  an«t 
shall  be  kept  lighted  during  each  performance,  or  in  place  of 
said  lamps,  candles  shall  be  provided.    All  gas  and  electrie- 
lights  in  the  halls,  corridors,  lobby  or  any  other  part  of  &aii 
buildings  used  by  the  audience  except  the  auditorium,  musfc 
be  controlled  by  a  separate  shut-off  located  in  the  lobby,  md- 


Department  of  Buildings. 


Title  XIV. 


controlled  only  in  that  particular  place.     Gas  mains  supply- 
ing the  building  shall  have  independent  connections  for  the 
auditorium  and  the  stage,  and  provisions  shall  be  made  for 
shutting  off  the  gas  from  the  outside  of  the  building.  When 
interior  gas  lights  are  not  lighted  by  electricity,  other  suita- 
ble appliances,  to  be  approved  by  the  commissioner  of  build- 
ings, shall  be  provided.   All  suspended  or  bracket  lights,  sur- 
rounded by  glass,  in  the  auditorium,  or  in  any  part  of  the 
building,  devoted  to  the  public,  shall  be  provided  with  proper 
wire  netting  underneath.     No  gas  or  electric  light  shall  be 
inserted  in  the  wall,  woodwork,  ceilings,  or  in  any  part  of 
the  building,  unless  protected  by  fireproof  materials.  All 
lights  in  passages  and  corridors,  in  said  building,  and  wherever 
deemed  necessary  by  the  commissioner  of  buildings,  shall  be 
protected  with  proper  wire  network.     The  footlights,  in  ad- 
dition to  the  wire  network,  shall  be  protected  with  a  strong 
wire  guard,  not  less  than  two  feet  distant  from  said  footlights, 
and  the  trough  containing  said  footlights  shall  be  formed  of 
and  surrounded  by  fireproof  material.    All  border  lights  shall 
be  constructed  according  to  the  best  known  methods,  and 
subject  to  the  approval  of  the  commissioner  of  the  fire  de- 
partment, and  shall  be  suspended  for  ten  feet  by  wire  rope. 
All  ducts  or  shafts  used  for  conducting  heated  air  from  the 
main  chandelier,  or  from  any  other  light  or  lights,  shall  be 
constructed  of  metal  and  made  double  with  an  air  space  be- 
tween.   All  stage  lights  shall  have  strong  metal  wire  guards 
or  screens  not  less  than  ten  inches  in  diameter  so  constructed 
that  any  material  in  contact  therewith  shall  be  out  of  reach 
of  the  flames  of  said  stage  lights,  and  must  be  soldered  to 
the  fixture  in  all  cases.     The  stand  pipes,  gas  pipes,  electric 
wires,  hose,  footlights  and  all  apparatus  for  ihe  extinguishing 
of  fire,  or  guarding  against  the  same,  as  in  this  section 
specified,  shall  be  in  charge  and  under  control  of  the  depart- 
ment of  buildings,  and  the  commissioner  of  said  depart- 
ment is  hereby  directed  to  see  that  the  arrangements  in  re- 
spect thereto  are  carried  out  and  enforced.    A  di-agrarn  or 
plan  of  each  tier,  gallery  or  floor  showing  distinctly  the  exits 
therefrom  {-hall  be  piinl^ed  in  a  legible  manner  on  the  pro 
gramme  of  the  performance.    Every  exit  shall  have  over  the 


Title  XIV. 


217     Department  of  Buildings. 


same  on  the  inside  the  word  "  EXIT  "  painted  in  legible 
letters  not  less  than  eight  inches  high. 

§  81.  In  case  of  the  falling  of  any  building,  or  part  of  any 
builUng  in  the  City  of  Brooklyn,  where  persons  are  known, 
or  believed,"  to  be  buried  under  the  ruins  thereof,  it  shall  be 
the  duty  of  the  fire  department  1 3  cause  an  ex  imination  of 
the  premises  to  be  made  for  the  recovery  of  the  bodies  of 
the  killed  and  injured.    Whenever,  in  making  such  examina- 
tion, it  sh  ill  be  necessary  to  remov.;  from  tbe  premises  any 
de  bris,  it  shall  be  the  duty  of  tbe  department  of  city  woiks, 
when  called  upon  by  the  depirtment  of  buildings  to  co- 
operate, to  provide  a  suitable  and  convenient  dumping  place 
for- the  deposit  of  such  debris.    In  ease  there  shall  be,  in  the 
opinl>n  of  tlie  commissioner  of  buildings,  actual  and  immedi- 
ate danger  of  tlie  falling  of  any  building,  or  part  thereof,  so 
as  to  endanger  life  or  property,  said  ccmmissiimer  shall  cause 
the  necessary  work  to  be  done  to  render  said  building,  or  any 
part  thereof,  temporarily  safe  until  the  proper  proceedings 
can  be  taken,  as  in  the  case  of  an  unsafe  building  as  provided 
for  in  ttiis  title.    For  the  aforesaid  purposes  the  said  fire  de- 
partment or  the  commissioner  of  buildings,  as  the  case  may 
be,  sha'l  empl  )y  such  1  iborers  and  materials  as  may  be  neces- 
sary to  perform  said  work  as  speedily  as  possible,  and  the 
expense  thereof,  if  there  be  no  other  fund  applicable  thereto, 
shall,  in  the  first  instance,  be  paid  from  the  revenue  fund, 
and  may  be  recovered  from  the  owner  of  such  building  in  an 
action  to  be  brought  in  the  name  of  the  City  of  Brooklyn. 
Such  work  may  be  done  with  or  without  notice  to  the  owner, 
as  in  tbe  judgment  of  tbe  commissioner  of  buildings  the 
necessity  of  tbe  situation  will  permit. 

§  32.  Before  the  erection,  construction  or  nlteration  of  any 
builling  or  part  of  any  buil  ling  of  any  pl  itform,  staging  or 
flooring  to  bb  used  for  standing  or  seating  purposes,  in  the 
City  of  Brooklyn,  is  commenced,  the  owner,  or  his  agent  or 
architect,  shall  submit  to  the  commissioner  of  buil  lings  a 
detailed  statement,  in  writing,  of  the  specifications,  and  a 
fuU  and  complete  copy  of  the  pi  ins  of  such  proposed  work, 
which  shall  be  accompanied  with  a  statement,  in  writing, 
giving  the  full  name  and  residence  (street  and  number)  of 


TBepartment  of  Buildings.  iis 


Title  XIV. 


-*ke  owaer,  or  of  each  of  the  owaers,  of  said  building,  or  pro- 
posed building,  pi  itform,  staging  or  flooring.  If  such  erec- 
tion, construction  or  alteration  is  proposed  to  be  made  by  any 
other  person  than  the  owner  or  owners  of  the  land  in  fee,  the 
person  or  persons  intending  to  make  such  erect  oa  or  altera- 
tion shall  accom)3any  said  detailed  statement  of  the  specifica. 
tions  and  copy  of  the  plans,  with  the  name  and  residence 
:(street  and  number)  of  the  owner  or  owners  of  the  land,  and 
also  of  every  person  interested  in  said  building  or  proposed 
buil  ling,  platform,  staging  or  fl  ooring,  either  as  owner,  lessee, 
or  in  any  representative  capacity.  Such  statement  may  be 
made  by  the  agent  or  architect  of  the  person  or  persons  here- 
inbefore required  to  make  the  satne.  Such  statement  and 
<;opy  of  the  plans  shall  be  kept  on  file  in  the  offijeof  the  com- 
missioner of  buildings,  and  the  erection,  construction,  or  any 
part  thereof,  shall  not  be  commenced  or  proceeded  with  until 
said  statements  and  plans  have  been  so  filed  and  approved 
by  the  commissioner  of  buildings  and  a  permit  issued  by  hin 
therefor.  Any  permit  so  issued,  but  under  which  no  build- 
ing work  is  commenced  within  one  year  from  the  time  it  was 
issued  shall  expire  by  limitation.  Nothing  in  this  section 
shall  be  construed  to  prevent  the  commissioner  of  buildings 
from  granting  his  approval  for  the  erection  of  any  part  of  the 
building,  where  plans  and  detailed  statements  have  been  pre- 
sented for  the  same,  before  the  entire  plans  and  detailed  state- 
ments of  said  building  have  been  submitted.  Ordinary  repairs 
may  be  made  without  notice  to  the  department  of  build- 
ings, but  such  repairs  shall  not  be  construed  to  include  the 
cutting  away  of  any  stone  or  brick  wall,  or  any  portion  thereof, 
the  removal  or  cutting  of  any  beams  or  supports,  or  the  re- 
moval, change  of  or  closing  of  any  stairway. 

§  33.  The  commissioner  of  buildings  shall  have  the  power 
"(except  as  herein  otherwise  provided)  to  pass  upon  any  ques- 
tion relative  to  the  mode,  manner  of  construction  or  materials 
to  be  used  in  the  erection  or  alteration  of  any  building  or 
other  structure,  provided  for  in  this  title,  in  any  part  of  the 
Oity  of  Brooklyn,  to  make  the  same  conform  to  the  true  in- 
tent and  meaning  of  the  several  provisions  of  this  title.  He 
-shall  also  have  power  to  vary  or  modify  the  provisions  of  this 


Title  XIV. 


219     Department  of  Buildings; 


title,  upon  application  to  him  therefor,  in  writing,  by  the^ 
owner  of  such  building  or  structure,  or  his  representative^, 
where  there  are  practical  difficulties  in  the  way  of  carrying: 
out  the  strict  letter  of  this  law,  so  that  the  spirit  of  the  law- 
shall  be  observed,  the  public  safety  secured  and  substantiaE 
justice  done  :  but  no  such  deviation  shall  b3  permitted  unless- 
a  record  of  the  same  shall  ba  kept  by  the  said  commissioner- 
of  buildings,  and  a  certificate  be  first  issued  to  the  party  ap- 
plying for  the  same. 

§  34.  The  owner  or  owners  of  any  building,  or  part  thereof,. 
upon  which  anything  prohibited  by  any  provision  of  this  title- 
may  be  placed,  done,  or  shall  exist,  and  any  architect,  builder,^ 
carpenter  or  mason  who  may  be  emploj^ed  or  assist  in  the- 
violation  of  any  such  provision,  and  any  and  all  persons  who 
shall  violate  any  of  the  provisions  of  this  title  or  fail  to  com- 
ply therewith,  or  any  requirements  thereof,  or  who  shall 
violate  or  fail  to  comply  with  any  order  or  regulation  made 
thereunder,  or  who  shall  build  in  violation  of  any  detailed 
statement  of  specifications  or  plans,  submitted  and  ap- 
proved thereunder,  or  of  any  certificate  or  permit  issued 
thereunder,  shall  severally,  for  each  and  every  such  vio- 
lation, and  noncompliance,  respectivel}^  forfeit  and  pay 
a  penalty  in  the  sum  of  fifty  dollars.  Except  that  any- 
such  person  who  shall  violate  any  of  the  provisions  or 
this  title  as  to  the  construction  of  chimneys,  fireplaces- 
flues,  hot-air  pipes  and  furnaces,  or  who  shall  violate  any  o£ 
the  provisions  of  this  title  with  reference  to  the  framing  or 
trimming  of  timbers,  girders,  beams,  or  other  woodv^rork  im 
proxim  ty  to  chimney  flues  or  firepLices,  shall  forfeit  and  pay 
a  penalty  in  the  sum  of  one  hundred  dollars.  Bat  if  any- 
said  violatit)n  shall  be  removed,  or  be  in  process  of  removal^, 
within  ten  d,\ys  after  the  service  of  a  notice,  as  hereinafter- 
prescribed,  the  liability  of  such  penalty  shall  cease,  and  the- 
commissioner  of  buildings  may,  in  his  discretion,  direct  that 
any  action  pending  to  recover  the  same  be  discontinued- 
Any  and  all  of  the  aforementioned  persons,  who  having  beem 
served  with  a  notice,  as  hereinafter  prescribed,  to  remove  any^ 
violation  or  comply  with  any  requirement  of  this  title,  or  witb:- 
any  order  or  regulation  made  thereunder,  shall  fail  to  complj.^ 


Department  of  Building^s.  220 


Title  XIV. 


with  said  notice  withi.i  ten  davs  after  such  service,  or  shall 
continue  to  violate  any  requiiemeuts  of  tliis  title  in  the  re- 
spect named  in  said  noticeshall  pay  a  penalty  of  two  hundred 
and  fifty  dollars.  For  the  recovery  of  any  said  penalty  or 
penalties  an  action  may  be  brouj^ht  in  any  of  the  courts  of 
justice  of  the  p^ace,  or  in  any  court  of  reord  in  said  city  in 
the  name  of  tbe  City  of  Brooklyn,  and  whenever  any  judg- 
ment sliall  be  rendered  therefor  the  same  shall  be  collected 
and  enforced,  as  prescribed  and  directed  by  the  code  of  civil 
procedure  of  tbe  State  of  New  York,  and  the  mtmeys  col- 
lect'.'d  paid  into  the  city  treasury  for  the  benefit  of  the  fire 
men's  insurance  fund. 

§  35.  All  courts  of  civil  jurisdiction  in  the  City  of  Brooklyn 
shall  have  cognizance  of  and  jurisdii  tion  over  any  and  all 
suits  and  procee  lings  by  this  title  authorized  to  be  brought 
for  the  recovery  of  any  penalty,  and  the  enforcement  of  any 
of  the  several  provisions  of  tnis  title,  and  shall  give  prefer- 
ence to  such  suits  and  proceedings  over  all  others,  and  no 
court  shall  lose  jurisdiction  of  any  action  by  reason  of  a  plea 
that  title  to  real  estate  is  involveil,  proviiled  the  object  of  the 
action  is  to  recover  a  penalty  for  the  violation  of  any  of  the 
provisions  of  this  title.  The  department  of  buildings  is  au- 
thorized to  institute,  in  the  name  of  the  City  of  Brooklyn,  any 
and  all  actions  and  proceedings,  either  legal  or  equitable, 
that  may  be  appropriate  or  necessary  for  the  enfoi-cement  of 
the  provisions  of  this  title,  and  all  civil  courts  in  said  city  are 
hereby  invested  with  full  legal  and  equitable  jurisdiction  to 
hear,  try  and  determine  all  such  actions  and  proceedings, 
and  to  make  appropriate  orders  and  render  judgment  therein 
according  to  law,  so  as  to  give  force  and  effect  to  the  pro- 
visions of  this  title.  Whenever  the  commissioner  of  build- 
ings is  satisfied  that  any  building  or  structure,  or  any  portion 
thereof,  the  erection,  construction  or  alteration  of  which  is 
regulated,  permitted  or  forbidden  by  this  title,  is  being 
erected,  constructed  or  altered,  or  has  been  erected,  con- 
structfd  or  altered  in  violation  of,  or  not  in  compliance  with, 
any  of  the  provisions  or  requirements  of  this  title,  or  in  vio- 
lation of  any  detailed  statement  of  specifications  or  plans  sub- 
mitted and  approved  thereunder,  or  of  any  certificate  or 


Title  XIV.  221      Department  of  Buildings. 

permit  issued  thereunder,  or  tbat  any  provisions  or  require- 
ments of  this  title,  or  any  order  or  direction  made  thereunder, 
has  not  been  complied  with,  said  commissioner  may,  in  his 
discretion,  cause  to  be  instituted  in  the  name  of  said  city,  any 
appropriate  action  or  proceeding  at  law  or  in  equity  to 
restrain,  correct  or  remove  such  violation,  or  to  restrain  or 
correct  the  erection  or  alteration  of,  or  to  require  the  removal 
of,  or  to  prevent  the  occupation  or  use  of  tbe  building  or 
structure  erected,  constructed  or  altered  in  violation  of,  or 
not  in  compliance  with  any  of  the  provisions  of  this  title,  or 
with  respect  to  which  the  requirements  of  the  title  or  of  any 
order  or  direction  made  pursuant  to  an}'  provisions  contained 
in  this  title  shall  not  have  been  complied  with.  In  any  such 
action  or  proceeding  said  commissioner  may,  in  his  discretion, 
and  on  a  verified  complaint  or  petition,  and  such  affidavits  as 
he  may  be  advised,  setting  forth  the  facts,  apply  to  any  court 
of  record  in  said  city,  or  to  a  judge  or  justice  thereof,  for  an 
order  enjoining  and  restraining  all  persons  from  doing,  or 
causing,  or  permitting  to  be  done,  any  work  in  or  upon  such 
building  or  structure,  or  in  or  upon  such  part  thereof  as  may 
be  designated  in  said  complaint,  petition  or  affi<lavits,  or  from 
occupying  or  using  said  building  or  structure  or  such  portion 
thereof,  as  may  be  so  designated  for  any  purpose  whatever  until 
the  hearing  and  determination  of  said  action  or  proceeding 
and  the  entry  of  tinal  judgment  therein.  The  court,  or  judge, 
or  justice  thereof,  to  whom  such  applic  ation  is  made,  is  here- 
by authorized  forthwith  to  make  any  or  all  of  the  orders 
above  specified,  as  may  be  required  in  such  application,  with 
or  without  notice,  and  to  make  such  other  or  further  orders 
or  directions  as  may  be  necessary  to  render  the  same  effectual. 
No  officer  of  said  department,  acting  in  good  faith,  and  wito- 
out  malice,  shall  be  liable  for  damages  by  reason  of  anything 
done  in  any  such  action  or  proceeding.  No  undertaking  shall 
be  required  as  a  condition  to  the  grautin«^  or  issuing  of  such 
injuncticni  order,  or  by  reason  thereof.  All  courts  in  which 
any  suit  or  proceeding  is  instituted  under  this  title,  shall, 
upon  the  rendition  of  a  verdict,  report  of  a  referee,  or  de- 
cision of  a  judge  or  justice,  render  judgment  according  there- 
with ;  and  the  said  judgment  so  rendered,  shall  be,  and 
become  a  lien  upon  the  premises  named  in  the  complaint  in 


IDepartment  of  Buildings.  222 


Title  XIV. 


--any  such  action,  to  date  from  the  time  of  the  filing  in  the 
<«ffice  of  the  clerk  of  the  County  of  Kings,  of  a  notice  of  lis 
pendens  therein,  which  lien  may  be  enforced  against  said 
property,  in  every  respect,  notwithstanding  the  same  may  be 
.transferred  subsequent  to  the  filing  of  the  said  notice;  and 
such  suits  and  proceedings  may  be  prosecuted  to  final 
judgment  against  the  parties  originally  named  therein,  and 
mny  and  all  persons  acquiring  any  interest  in  the  premi- 
ses subsequent  to  the  filing  of  the  notice  of  lis  pendens  shall 
be  bound  by  the  judgment.  Said  notice  of  lis  pendens  shall 
-consist  of  a  copy  of  the  notice  issued  by  the  commissioner  of 
buildings,  requiring  the  removal  of  the  violation  and  a  notice 
of  the  suit  or  proceedings  instituted,  or  to  be  instituted 
Ihereon  and  said  notice  of  lis  pendens  may  be  filed  at  any 
time  after  the  service  of  the  notice  issued  by  the  com- 
missioner of  buildings  as  aforesaid,  provided  ho  may  deem 
the  same  to  be  necessar}',  or  at  or  after  the  time  of  the  filing 
of  the  complaint  or  petition.  Any  notice  of  lis  pendens  filed 
pui'suant  to  the  provisions  of  this  title  may  be  vacated  and 
canceled  of  record  upon  an  order  of  a  judge  or  justice  of  the 
tiourt  in  which  such  suit  or  proceeding  was  instituted  or  is 
pending,  or  upon  the  consent  in  writing  of  the  corporation 
counsel  of  said  city,  and  the  clerk  of  the  County  of  Kings  is 
hereby  directed  and  required  to  ma)k  any  such  notice  (;f  lis 
pendens,  and  any  record  or  docket  thereof  as  vacated  and 
canceled  of  record  upon  the  presentation  and  filing  of  a  cer 
tified  copy  of  an  order  as  afores;iid  or  of  the  consent  in 
wi'iting  of  said  counsel.  Such  actions  or  proceedings  maybe 
^commenced  as  any  otber  action  is  commenced  in  the  courts 
in  which  they  are  brought,  or  by  an  order  to  show  cause 
•based  upon  a  petition  or  affidavits  ;  the  issues  in  such  actions 
•or  proceedings  shall  be  tried  as  other  issues  are  tried  in  such 
-courts,  according  to  the  nature  thereof,  and  the  granting  or 
awarding  costs  upon  final  judgment  shall  be  in  the  discretion 
-of  the  court. 

.§  36.  All  notices  of  the  violation  of  any  of  the  provisions  of 
'.this  title,  and  all  notices  directing  anything  to  be  done  re- 
'  ^^uired  by  this  title,  and  all  other  notices  that  may  be  required 
•caar  authorized  to  i)c  issued  thereunder,  including  notice  that 


Title  XIV. 


223     Department  of  Buildings. 


any  buildiDg,  structure,  premises,  or  any  part  thereof,  are 
deemed  unsafe  or  dangerous,  sball  be  issued  by  the  commis- 
sioner of  buildings,  or  in  case  of  his  absence  or  inabibty  to 
act,  by  his  deputy  or  assistant,  and  shall  have  his  name 
affixed  thereto,  and  may  be  served  by  an  officer  or  employe 
of  the  department  of  buildings  or  by  any  person  authorized 
by  the  said  department.  All  such  notices  and  any  notice  or 
order  issued  by  any  court  in  any  proceeding  instituted  to  re- 
strain or  remove  any  violation,  or  to  enforce  compliance  with 
an}'  provision  or  requirement  of  this  title,  may  be  served  by 
delivering  to  and  leaving  a  copy  of  the  same  with  any  perion 
or  persons  violating,  or  who  may  be  liable  under  any  of  the 
several  provisions  of  this  title,  or  to  whom  the  same  may  be 
adilressed,  and  if  such  person  or  persons  cannot  be  fcamd 
after  diligent  search  shall  have  been  made  for  him  or  them, 
then  such  notice  or  ordf  r  may  be  served  by  posting  the  same 
in  a  conspicuous  place  upon  the  premises  where  such  violation 
is  alleged  to  have  been  placed  or  to  exist,  or  to  which  such 
notice  or  order  may  refer,  or  which  may  be  deemed  unsafe  or 
dangerous,  which  shall  be  equivalent  to  a  personal  service  of 
said  notice  or  order  upon  all  parties  for  whom  such  search 
shall  have  been  made.  If  the  person  or  i^ersons  or  any  of 
them,  to  whom  said  notice  or  order  is  addressed,  do  not  reside 
in  the  State  of  New  York,  and  have  no  known  place  of  busi- 
ness therein,  the  same  may  be  served  by  delivery  to  and  leav- 
ing with  such  person  or  persons,  or  either  of  them,  a  copy  of 
said  notice  or  order,  or  if  said  person  or  persons  cannot  be 
found  within  said  State  after  diligent  search,  then  by  posting 
a  copy  of  the  same  in  manner  as  aforesaid,  and  depositing  a 
copy  thereof  in  the  post  office  of  the  City  of  Brooklyn,  in- 
closed in  a  sealed  wrapper  addressed  to  said  person  or  per- 
sons at  his  or  their  last  known  place  of  residence,  with  the 
postage  paid  thereon,  and  said  posting  and  mailing  of  a  copy 
of  said  notice  or  order  shall  be  equivalent  to  personal  service 
of  said  notice  or  order. 

§  37.  Any  building  or  buildings,  part  or  parts  of  a  building 
staging  or  other  structure  in  the  City  of  Brooklyn,  that  from 
any  cause  may  now  be,  or  shall  at  any  time  hereafter  become 
dangerous  or  unsafe,  may  be  taken  down  and  removed,  or 


Department  of  Buildings.     22i  Title  XIV. 

made  safe  and  secure  in  the  following  manner  :  Immediately 
upon  such  unsafe  or  dangerous  buildings,  or  building,  or 
part,  or  parts  of  a  building,  si  aging  or  structure  being  re- 
ported by  any  of  the  officers  of  the  department  of  buildings, 
the  same  shall  be  immediately  entered  upon  a  docket  of 
unsafe  buildings  to  be  kept  by  the  commissioner  ;  and  the 
owner,  or  some  one  of  the  owners,  executors,  adminis- 
trators, agents,  lessees  or  any  other  person  or  persons 
who  may  have  a  vested  or  contingent  interest  in  the 
same,  may  be  served  with  a  printed  or  written  notice 
containing  a  description  of  the  premises  or  structure 
deemed  unsafe  or  dangerous,  requiring  the  same  to 
be  made  safe  and  secure  or  removed,  as  the  same  may  be 
deemed  necessary  by  the  commissioner  of  buildings,  which 
said  notice  shall  require  the  person  or  persons  thus  served  to 
immediately  certify  to  the  commissioner  of  buildings  his  or 
their  assent  or  refusal  to  secure  or  remove  the  same.  If  th(^ 
person  or  persons  so  served  with  notice  shall  immediately 
certify  his  or  their  assent  to  the  securing  or  removal  of  said 
unsafe  or  dangerous  building,  premises  or  structure,  he  or 
they  shall  be  allowed  until  one  o'clock  in  the  afternoon  of  the 
day  following  the  service  of  such  notice  in  which  to  commence 
the  securing  or  removal  of  the  same,  and  he  or  they  shall 
employ  sufficient  labor  and  assistance  to  secure  or  remove 
the  same  as  expeditiously  as  the  same  can  be  done  ;  but  upon 
his  or  their  refusal  or  neglect  to  comply  with  any  of  the  re- 
quirements of  said  notice,  the  comniissioner  of  buildings  may 
immediately  cause  to  be  commenced  in  the  name  of  said  city 
in  any  court  of  record  therein,  in  the  manner  aforesaid,  an 
action  or  proceeding  against  the  person  or  persons  upon 
whom  said  notice  was  served,  to  have  such  building  or  build- 
ings, part  or  parts  of  a  building,  staging  or  other  structure 
declared  and  adjudged  dangerous  or  unsafe,  and  to  compel 
the  same  to  be  taken  down,  removed,  or  made  safe  ;  any  other 
person  having  any  interest  in  or  lien  upon  any  such  building, 
buildings,  staging  or  other  structure,  may,  in  the  discretion 
of  the  commissioner,  or  of  the  corporation  counsel,  be  made 
parties  to  any  such  action  or  proceeding.  If  such  action  or 
proceeding  is  commenced  by  the  service  of  a  summons,  the 
suinmons  shall  be  in  the  form  prescribed  by  the  code  of  civil 


Title  XIV.  i-^  >     Department  of  Buildings. 

procedure,  except  that  it  may  require  the  defendants  to  an- 
swer within  a  time  therein  mentioned  and  fixed,  which  time 
shall  be  not  less  than  two  nor  more  than  twenty  days  after 
the  service  of  the  summons.  Such  summons  may  be  served 
personally,  or,  if  the  court,  or  a  judge  thereof,  shall  so  order, 
by  fastening  a  copy  of  the  same,  together  with  a  copy  of  the 
complaint  and  order  allowing  such  service,  upon  the  building 
or  buildings,  staging  or  other  structure  proceeded  against, 
and  oy  leaving  a  copy  of  the  same  papers  with  a  person  in 
charge  of  such  building,  buildings  or  structure,  if  there  be  at 
the  time  any  one  in  charge  thereof.  But  before  any  such 
order  is  made,  the  court  or  judge  granting  the  same  must  be 
satisfied,  by  the  affidavits  presented  to  him,  that  the  defend- 
ant or  defendants  in  any  such  action  or  proceeding  so  sought 
to  be  served  is  absent  from  or  cannot,  after  due  diligence,  be 
found  within  this  State.  The  issues  joined  in  any  such  ac- 
tion or  proceeding  may  be  brought  to  trial  on  any  day  in 
term  upon  two  days'  notice,  and  shall  have  preference  over 
all  other  causes  on  the  calendar  of  the  court  for  the  day  men- 
tioned in  the  notice,  and  the  court  shall  then  proceed  to  im- 
panel a  jiuy,  hear,  try  and  determine  such  issues  in  the  same 
manner  as  though  the  trial  had  been  noticed  for  the  first  day 
of  a  term  of  the  court,  and  was  then  first  reached  in  regular 
order  for  trial.  The  verdict  of  the  jury  upon  any  such  trial 
shall  be  conclusive  and  final.  Any  such  suit  or  pioceeding 
commenced  before  a  judge  or  justice  may  be  continued  before 
another  judge  or  justice  of  the  same  court ;  a  jury  trial  may 
be  waived  by  the  default  of  the  defendant  or  defendants  to 
appear  and  answer,  or  to  appear  upon  the  trial,  or  by  agree- 
ment, and  in  such  case  the  triul  may  be  bv  court,  judge,  jus- 
tice or  referee,  whose  report  or  decision  in  the  matter  shall 
be  final.  Upon  the  rendition  of  a  verdict  or  decision  of  the 
court,  judge,  justice  or  referee,  if  the  said  verdict  or  decision 
shall  find  the  said  building,  premises  or  structure  to  be  un- 
safe or  dangerous,  the  judge  or  justice  trying  said  cause, 
or  to  whom  the  report  of  the  referee  trying  said  cause 
shall  be  presented,  shall  immediately  issue  a  precept  out  of 
said  court,  directed  to  the  commissioner  of  buildings,  recit- 
ing said  verdict  or  decision,  and  commanding  him  forthwith 
to  repair  and  secure,  or  take  down  and  remove,  as  the  ease 


Department  of  Buildings.     226  Title  XIV. 

may  be,  in  accordance  with  said  verdict  or  decision,  said 
unsafe  or  dangerous  building  or  buildings,  part  or  parts 
thereof,   stagin/,  structure  or  other  premises  that  shall 
have  been  named  in  the  said  notice  and  described  in  the 
complaint.       And   said    commissioner  shall  immediately 
thereupon   proceed  to  execute   said   jrecept   as  therein 
directed,  and  may  employ  such  labor  and  assistance  and 
furnish   such  materials   as  may   be  necessary   for  that 
purpose,  and  after  having  done  so  said  commissioner  shall 
make  return  of  said  precept  with  an  indorsement  of  his 
action  thereunder  and  the  costs  and  expenses  thereby  in- 
curred, to  the  judge  or  justice  then  holding  the  chambers  or 
special  term  of  the  said  court,  and  thereupon  said  judge  or 
justice  shall,  upon  notice  to  the  parties  who  appeared  in  said 
action,  or  their  attorneys,  tax  and  adjust  the  amount  en- 
dorsed upon  said  precept,  and  shall  adjust  and  allow  disburse- 
ments of  said  proceedings,  together  with  the  preliminary  ex 
peuses  of  searches  and  surveys,  which  shall  be  inserted  in  the 
judgment  in  said  action  or  proceeding,  and  shall  render  judg- 
ment for  such  amount,  and  for  the  sale  of  said  premises  in 
the  said  notice  named,  together  with  all  the  right,  title  and 
interest  that  the  person  or  persons,  or  either  of  them,  named 
in  the  sa.d  notice,  or  named  as  defendants  in  such  action,  had 
in  the  lot,  ground  or  land  upon  which  the  said  building  or 
structure  was  placed,  at  the  time  of  the  filing  of  a  notice  of 
lis  pendens  in  the  said  proceedings,  or  at  the  time  of  the 
entry  of  judgment  therein  to  satisfy  the  same,  which  shall  be 
in  the  same  manner  and  with  like  effect  as  sales  under  judg- 
ment in  foreclosure  of  mortgages.    And  in  and  about  all  pre- 
liminary proceedings,  as  well  as  the  carrying  into  effect  any 
order  of  the  court  or  any  precept  issued  by  any  court,  said 
commissioner  of  buildings  may  make  requisition  upon  the 
comptroller  of  the  city  for  such  amount  or  amounts  of  money 
as  shall  be  necessary  to  meet  the  expenses  thereof ;  and  upoa 
the  same  being  approved  by  any  judge  or  justice  of  the  court 
in  which  said  action  was  commenced,  and  presented  to  s  iid 
con)ptroller,  he  shall  pay  the  same  from  the  revenue  fund, 
and  all  moneys  realized  from  any  such  sale  shall  be  paid  into 
the  city  treasurer  to  the  credit  of  the  revenue  fund.  The 
notice  of  lis  pendens  provided  for  in  this  section  shall  contain 


Title  XIV. 


227     Department  of  Buildings. 


or  have  annexed  a  copy  of  the  notice  or  order  served  b}'  the 
commissioner,  and  shall  be  filed  in  the  office  of  the  clerk  of 
the  County  of  Kings.  Provided,  nevertheless,  that  immedi- 
ately upon  the  issuing  of  said  precept  the  owner  or 
owners  of  said  building  or  premises,  or  any  party  interested 
therein,  upon  application  to  said  commissioner  of  buildings, 
shall  be  allowed  to  perform  the  requirements  of  said  precept 
at  his  or  their  own  proper  cost  and  expense,  provided  the 
same  shall  be  done  immediately  and  in  accordance  with  the 
requirements  of  said  precept  upon  the  payment  of  all  costs 
and  expenses  incurred  up  to  that  time. 

§  38.  The  supreme  court  of  the  State  of  New  York,  the 
county  court  of  Kings  County,  and  th(^  city  court  of  Brooklyn 
shall  also,  upon  petition,  respectively  have  power  and  juris- 
diction to  adjudge  and  decree  that  any  store,  storehouse, 
dwelling  or  other  building,  staging  or  other  structure  of  any 
nature,  or  any  part  of  either  thereof,  which  is,  has,  or  may 
hereafter  become  dangerous,  unsafe  or  insecure,  or  that  any 
such  buddings  or  structures  or  parts  thereof  erected  or 
altered  or  in  course  of  erection  of  alteration  in  violation  of 
the  provisions  of  this  title  shall  be  taken  down  and  removed, 
or  repaired  and  made  safe  in  a  proper  manner.  Any  owner, 
agent,  lessee  or  occupant  of  any  building  against  which  a 
decree  shall  be  made,  as  hereinbefore  provided,  who  shall 
neglect,  refuse  or  fail  to  comply  with  the  terms  of  any  such 
decree,  shall  be  deemed  guilty  of  contempt,  and  be  punished 
as  provided  by  law  for  the  punishment  of  contempt  of  court. 
The  remedy  given  by  this  section  is  cumulative,  and  in  addi- 
tion to  any  other  remedy  or  right  of  action  in  this  title  given. 

§  39.  In  case  any  notice  or  direction  authorized  to  be  issued 
by  this  title  is  not  complied  with  within  ten  days  after  the 
service  thereof,  the  commissioner  of  buildings  may  also,  in 
his  discretion,  apply  to  any  court  of  record  held  in  the  City 
of  Brooklyn  at  special  term  or  at  chambers,  for  an  order 
directing  the  department  of  builcliugs  to  proceed  to  make 
the  alteration,  or  remove  the  violation  or  violations,  as  tne 
same  may  be  specified  in  said  notice  or  direction.  When- 
ever any  notice  requiring  fire  escapes  or  means  of  egress 


Department  of  Buildings.     228  Title  XIV. 

in  case  of  fire  to  be  placed  in  or  upon  any  building  shall 
have  been  served,  as  directed  in  this  title,  and  the  same 
shall  not  have  been  complied  with  within  ten  days 
after  service  thereof,  the  said  commissioner  may,  in  his  dis- 
cretion, in  addition  thereto,  or  in  Heu  of  the  remedy  last 
above  provided,  apply  to  either  of  said  courts  at  a  special 
term  or  at  chambers,  for  an  order  directing  the  department 
of  buildings  to  vacate  such  buildings  or  premises,  or  so  much 
thereof  as  said  department  may  deem  necessary,  and  pro- 
hibiting the  same  to  be  used  or  occupied  for  any  purpose 
speci6ed  in  said  order  until  such  notice  shall  have  been  com- 
plied with.  The  expenses  and  disbursements  incurred  in  the 
carrying  out  of  any  said  order  or  orders  shall  become  a  lien 
upon  said  building  or  premises  named  in  the  said  notice  from 
the  time  of  filing  of  a  copy  of  the  notice  with  a  notice  of  the 
proceedings  taken  thereunder  in  the  office  of  the  clerk  of  the 
County  of  Kings,  and  the  said  courts,  or  a  judge  or  justice 
thereof,  to  whom  application  shall  be  made,  is  hereby  author- 
ized and  directed  to  grant  any  of  the  orders  above  named, 
and  to  take  such  proceedings  as  shall  be  necessary  to  make 
the  same  efiectual,  and  any  said  judge  or  justice  to  whom 
application  shall  be  made,  is  hereby  authorized  and  directed 
to  enforce  such  lien  in  accordance  with  the  general  mechanics* 
lien  law  of  the  State.  And  in  case  either  of  the  notices  or 
any  of  the  papers  in  this  title  mentioned  shall  be  served  upon 
anj'  lessee  or  party  in  possession  of  the  building  or  premises 
therein  described  it  shall  be  the  duty  of  the  person  upon 
whom  such  service  is  made  to  immediately  give  notice  to  the 
owner  or  agent  of  such  building  named  in  the  notice  or 
papers,  if  the  same  shall  be  known  to  said  part}'  personally, 
if  such  person  shall  be  within  the  limits  of  the  City  of  Brook- 
lyn, and  his  residence  known  to  such  person,  and  if  not  within 
said  city,  then  by  depositing  a  copy  of  the  said  notice  or  papers 
in  the  Brooklyn  post-office  properly  inclosed  and  addressed 
to  such  owner  or  agent  at  his  then  place  of  residence,  if 
known,  and  b}-  paying  the  postage  thereon.  And  in  case  any 
lessee  or  party  in  possession  shall  neglect  or  refuse  to  give 
such  notice  as  herein  provided,  he  shall  be  personally  lia- 
ble to  the  owner  or  owners  of  said  buildings  or  premises 
for  all  damages  he  or  they  shall  sustain  by  reason  thereof, 


Title  XIV. 


229     Department  of  Buildings. 


provided  that  a  copy  of  this  requirement,  on  his  part,  shall 
be  indorsed  on  or  acccompany  the  notice  or  papers  served  on 
him. 

§  40.  The  said  department  of  buildings  shall  be,  and  here- 
by is,  chai'ged  with  the  enforcement  of  the  provisions  of  this 
title  through  the  commissioner  of  buildings  and  he  shall  ap- 
point all  the  officers  and  subordinates  thereof.  The  inspec- 
tors shall  be  men  of  good  character,  capable  of  writing  a  fair 
hand,  and  be  able  to  make  out  with  cleai'ness  their  reports 
and  no  person  shall  serve  as,  or  be  appointed  to  office  as  an 
insjDector  of  buildings  in  said  bureau  who  is  dedcient  in  these 
qualilications,  and  before  their  appointment  to  office  they 
shall  pass  examination  before  the  civil  service  commission. 
Any  inspector  of  buildings  for  any  neglect  of  duty  or  omis- 
sion to  properly  perform  his  duty,  or  violation  of  rules,  or 
neglect  or  disobedience  of  orders,  or  incapacity,  or  absence 
without  leave,  may  be  punished  by  the  commissioner  of 
buildings  by  forfeiting  and  withholding  pay  for  a  specified 
time,  or  by  suspension  from  duty  with  or  without  pay  :  but 
this  provision  shall  not  be  deemed  to  abridge  the  right  of 
said  commissioner  to  remove  or  dismiss  any  inspector  of 
buildings  from  the  service  of  said  department  at  any  time  in 
his  discretion. 

§  41.  The  corporation  coimsel  is  authorized  to  sue  for  and 
collect  all  penalties  and  take  charge  of  and  conduct  all  legal 
proceedings  instituted  for  the  enforcement  of  any  of  the 
several  provisions  of  this  title  or  for  the  recovery  of  any  pen- 
alty thereunder  brought  in  the  name  of  the  City  of  Brooklyn; 
all  notices  of  violation  shall  be  retm-ned  to  him  for  prosecu- 
tion, and  it  shall  be  his  duty  to  take  charge  of  the  prosecution 
of  all  such  suits  or  proceedings,  collect  and  receive  all  money 
that  may  be  collectible  upon  judgments,  suits  or  proeeedirgs 
so  instituted,  or  which  may  be  paid  by  any  pai'ties  who  have 
violated  any  of  the  provisions  of  this  title,  and  upon  settle- 
ment of  judgment  and  removal  of  violations  thereiuider, 
execute  satisfaction  therefor.  He  shall  render  to  the 
comptroller  an  account  of,  and  pay  over  to  the  city 
treasurer  all  penalties,  and  all  other  money,  including 


Department  of  Buildings.  230 


Title  XIV 


costs,  received  by  him,  all  necessary  disbursements  incurred 
or  paid  in  said  suits  may  be  deducted  or  paid  from  such 
moneys.  All  the  officers  appointed  under  this  title  shall,  so 
far  as  it  may  be  necessary  for  the  performauce  of  their  re- 
spective duties,  have  the  right  to  enter  au}'  building  or  prem- 
ises in  said  city. 

«?  42.  The  commissioner  of  buildings  is  hereby  authorized 
and  empowered  to  investigate,  examiue  and  inquire  into  the 
origin,  details  and  facts  of  any  supposed  cases  of  violations 
of  any  of  the  provisions  of  this  titltj,  of  all  other  laws  relating 
to  the  building  department,  and  of  the  rules  and  regulations 
of  said  department,  and  also  into  all  charges  made  against 
the  officers,  agents  and  employes  of  said  department  for  mis- 
conduct, neglect  or  non-performance  of  duty.  Said  commis- 
sioner, in  and  about  any  examination,  investigation,  or  inquiry 
authorized  hereby,  touching  any  matter  or  thing  therewith 
connected,  may  subpoena  and  compel  the  attendance  of  any 
person  or  persons,  and  the  production  of  any  books,  papers 
or  documents  in  his  or  their  possession,  or  under  his  or  their 
control,  connected  with  and  necessary  in  the  judgment  of  said 
commissioner,  to  such  examination,  investigation  or  inquiry, 
before  him  at  the  time  and  place  therein  named.  For  the 
purpose  aforesaid,  the  corj^oration  counsel  may  at  any  time 
obtain  to  be  issued  subpoenas  out  of  the  supreme  court,  tested 
under  the  name  of  a  justice  of  said  court,  in  like  form  and 
with  like  effect  as  though  issued  by  said  justice  in  any  action 
pending  in  a  court  of  record :  and  said  subpoena  may  be 
served,  and  proof  of  such  service  may  be  made,  in  the  same 
manner  as  now  by  law  provided  for  the  service  of  subpoenas 
out  of  said  court ;  and  upon  proof  of  service  and  proof  of 
non-compliance,  failure  to  attend  and  testify  on  the  part  of 
any  person  or  persons,  as  required  by  said  subpoena,  or  a 
failure  or  refusal  on  ihe  part  of  any  person  or  persons 
to  produce  any  such  books,  papers  or  documents  in  his 
or  their  possession,  or  a  failure  or  refusal  on  his  or 
their  part  to  answer  any  question  put  to  him  or  them, 
and  deemed  pertinent  thereto,  by  any  justice  of  said 
court,  proceedings  may  be  commenced  to  punish  said 
person  or  persons  as  for  contempt,  and  the  provisions  of 


Title  XIV. 


231      Department  of  Buildings. 


the  code  of  civil  procedure,  in  relation  to  contempt  proceed- 
ings, shall  be  deemed  applicable  thereto.  Said  commissioner 
in  conducting  an  examination  or  inquiry  as  aforesaid,  is 
hereby  authorized  to  administer  any  oath  or  affirmation  in 
the  matter,  and  any  false  swearing  under  said  oath  or  affir- 
mation thus  administered  shall  be  perjury,  and  punishable  as 
such.  Said  examination  may  be  continued  and  adjourned  by 
the  said  commissioner,  from  tim(3  to  time,  and  any  person 
subpoenaed,  as  aforesaid,  shall  attend  and  testify  upon  said 
adjourned  day  or  days,  and  at  the  time  and  place  designated, 
as  though  the  same  had  been  named  in  said  subpoena,  and 
with  like  effect  as  to  any  failure  to  appear  and  answer.  Any 
testimony  or  evidence  taken  as  aforesaid  shall  be  carefully 
preserved  in  the  records  of  said  department. 

§  43.  Said  commissioner  shall  inspect  all  ouildings,  and  it 
shall  be  lawful  for  any  of  the  inspectors,  for  such  inspection, 
to  enter  into  and  upon  all  buildings,  livery  or  other  stables, 
boats  or  vessels,  and  place  where  any  gunpowder,  saltpetre, 
hay,  rushes,  firewood,  boards,  shingles,  shavings,  or  other 
combustible  materials  may  be  lodged :  and  he  shall  give  such 
directions,  in  writing,  as  he  may  deem  necessary,  relative  to 
the  removal  thereof ;  and  in  case  of  the  neglect  or  refusal  on 
the  part  of  the  owner  or  possessor  of  such  combustible 
materials,  or  the  ovmer  or  occupant  of  said  premises,  places 
or  vessels,  or  either  of  them,  to  remove  or  secure  the  same 
within  such  time,  and  in  the  manner  directed  by  the  said 
commissioner,  the  party  offending  shall  forfeit  and  pay  fifty 
dollars,  and  the  further  sum  of  ten  dollars  for  every  twenty- 
four  hours'  neglect  to  remove  or  secure  the  same  aft^er  being 
so  notified. 

§  44.  No  building  situated,  or  hereafter  erected  in  the  city, 
occupied  in  whole  or  in  part  as  a  dwelling,  or  occupied  by 
any  family  or  families,  shall  have  any  hay,  straw,  hemp,  flax, 
shavings,  burning  fluid,  turpentine,  camphene,  or  any  other 
combustible  material  stored  therein,  or  in  any  part  thereof, 
or  kept  on  sale  except  in  such  quantities  as  shall  be  provided 
for  by  law,  or  by  ordinance  of  the  common  council  of  said 
city. 


Department  of  Buildings.  231a 


Title  XIV. 


§  45.  No  house,  building,  or  portion  thereof,  in  the  City  of 
Brooklyn,  shall  be  used,  occupied,  leased  or  rented  for  a 
tenement  or  lodging  house  unless  the  same  conforms  in  its 
construction  and  appurtenances  to  the  rciquirements  of  this 
title. 

^  4G.  Every  house,  buildinf^f,  or  portion  thereof,  in  the  City 
of  Brooklyn,  designed  to  be  used,  occupied,  leased  or  rented, 
or  which  is  used,  occupied,  leased  or  rented  for  a  tenement  or 
lodging  house,  shall  have  in  every  room  which  is  occupied  as 
a  sleeping  room,  and  which  does  not  communicate  directly  with 
the  external  air,  a  ventilating  or  transom  window,  having  an 
opening  or  area  of  three  square  feet,  over  the  door  leading 
into  and  connected  with  the  adjoining  room,  if  such  adjoining 
room  communicates  with  the  external  air,  and  also  a  venti- 
lating or  transom  window  of  the  same  opening  or  area, 
communicating  with  the  entry  or  hall  of  the  house,  or  where 
this  is  from  the  relative  situation  of  the  rooms  impracticable, 
such  last  mentioned  ventilating  or  transom  window  shall 
communicate  with  an  ad joinmg  room  that  itself  communicates 
with  the  entry  or  hall,  an  adequate  and  proper  ventilator,  of 
a  form  approved  by  the  health  commissioner. 

§  47.  The  roof  of  every  such  house  shall  be  kept  in  good 
repair,  and  so  as  not  to  leak,  and  all  rain  water  shall  be  so 
drained  or  conveyed  there fiom  as  to  prevent  its  dripping  on 
to  the  ground  or  causing  dampness  in  the  walls,  yard  or 
area.  All  stairs  shall  be  provided  with  proper  banisters  or 
railings,  and  shall  be  kept  in  good  repair. 

§  48.  Every  such  building  shall  be  provided  with  good  and 
sufficient  water  closets  or  privies,  of  a  construction  approved 
by  the  heHlth  commissioner,  and  shall  have  proper  doors, 
traps,  soil  pans  and  other  suitable  works  and  arrangements,  so 
far  as  may  be  necessary  to  insure  the  efficient  operation  thereof. 
Such  water  closets  or  privies  shall  not  be  less  in  number  than 
one  to  every  twenty  occupants  of  said  house ;  but  wat*  r  closets 
or  privies  may  be  used  in  common  by  the  occupants  of  any  two 
or  more  houses,  provided  the  access  is  convenient  and  direct, 
and  provided  the  number  of  occupants  in  the  houses  for 
which  they  are  provided  shall  not  exceed  the  proportion 
ftbove  req^uired  for  every  priv^  or  water  closet.    Every  such 


Title  XIV. 


231&     Department  of  Buildings. 


house  situated  upon  a  lot  on  a  street  in  which  there  is  a 
sewer  shall  have  the  water  closets  or  privies  furnished  with 
a  proper  connection  with  the  sewer,  which  connection  shall 
be  in  all  its  parts  adequate  for  the  purpose,  so  as  to  permit 
entirely  and  freely  to  pass  whatever  enters  the  same.  Such 
connection  with  the  sewer  shall  be  of  a  form  approved  by  the 
department  of  city  works.  All  such  water  closets  and  vaults 
shall  be  provided  with  the  proper  traps,  and  connected  with 
the  house  sewer  by  a  proper  tight  pipe,  and  shall  be  provided 
with  sufficient  water  and  other  proper  means  of  flushing  the 
same  ;  and  every  owner,  lessee  and  occupant  shall  take  ade- 
quate measures  to  prevent  improper  substances  from  entering 
such  water  closets  or  privies  or  their  connections,  and  to 
secure  the  prompt  removal  of  any  improper  substances  that 
may  enter  them,  so  that  no  accumulation  shall  take  place, 
and  so  as  to  re  vent  any  exhalations  therefrom,  offensive 
dangerous  or  prejudicial  to  life  or  health,  and  so  as  to  pre- 
vent the  same  from  being  or  becoming  obstructed.  No  cess- 
pool shall  be  allowed  in  or  under  or  connected  with  any  such 
house,  except  when  it  is  unavoidable,  and  in  such  case  it 
shall  be  constructed  in  such  situation  and  in  such  manner 
as  the  commissioner  of  health  may  direct.  It  shall  in  all 
cases  be  water  tight,  and  arched  or  securely  covered  over, 
and  no  offenive  smell  or  gases  shall  be  allowed  to  escape  there, 
from,  or  from  any  privy  or  privy  vault.  In  all  cases  where 
a  sewer  exists  in  the  street  upon  which  the  house  or  build  lug 
stands,  the  yard  or  area  shall  be  so  connected  Avith  the  same 
that  all  water,  from  the  roof  or  otherwise,  and  all  liquid  filth 
shall  pass  freely  into  it.  Where  no  sewer  exists  in  the  street, 
the  yard  or  area  shall  be  so  graded  that  all  water,  from  the 
roof  or  otherwise,  and  all  filth  shall  flow  freely  from  it  and 
all  parts  of  it  into  the  street  gutter,  by  a  passage  beneath 
the  sidewalk,  which  shall  be  covered  by  a  permanent  cover, 
but  so  arranged  as  to  permit  access  to  remove  obstructions 
or  impurities. 

§  49.  It  shall  not  be  lawful,  without  a  permit  from  the 
commissioner  of  health,  to  let  or  occupy,  or  suffer  to  be 
occupied  separately  as  a  dwelling,  any  vault,  cellar  or  under- 
ground room,  and  it  shall  not  be  lawful  without  such  permit^ 


Department  of  Buildings.      23  ic  Title  XIV. 

to  let  or  continue  to  be  let,  or  to  occupj^  or  suffer  to  be  occupied 
separately  as  a  dwelling,  any  vault,  cellar  or  underground 
room  wbatsoever,  unless  the  same  be  in  every  part  thereof  at 
least  seven  feet  in  height,  measured  from  the  floor  to  the 
ceiling  thereof,  nor  unless  the  same  l)e  for  at  least  one  foot 
of  its  height  above  the  surface  of  the  street  or  ground  adjoin 
ing  or  nearest  to  the  same,  nor  unless  there  be  outside  of 
and  adjoining  the  said  vault,  cellar  or  room,  and  extending 
along  the  entire  frontage  thereof,  and  upwards  from  six 
inches  below  the  level  of  the  floor  thereof  up  to  the  surface 
of  the  said  street  or  ground  an  open  space  of  at  least  two 
feet  and  six  inches  wide  in  every  part,  nor  unless  the  same 
be  well  and  effectually  drained  by  means  of  a  drain,  the 
uppermost  part  of  which  is  one  foot  at  least  below  the  level 
of  the  floor  of  such  vault,  cellar  or  room,  nor  unless  there  is 
a  clear  space  of  not  less  than  one  foot  below  the  level  of  the 
floor,  except  where  the  same  is  cemented,  nor  unless  there 
be  appurtenant  to  sucn  vault,  cellar  or  room  the  use  of  a 
water  closet  or  privy  kept  and*  provided  as  in  this  act 
required,  nor  unless  the  same  have  an  external  window  open- 
ing of  at  least  nine  superficial  ff,et  clear  of  the  sash  frauje, 
in  which  window  opening  there  shall  be  fitted  a  frame  filled 
in  with  glazed  sashes,  at  least  four  and  a  half  superficial  feet 
of  which  shall  be  made  so  as  to  opi-n  for  the  purpose  of  venti- 
lation. Provided,  liowever,  that  in  the  case  of  an  inner  or 
back  vault,  cellar  or  room  let  or  occupied  along  with  a  front 
vault,  cellar  or  room,  as  part  of  the  same  letting  or  occupa- 
tion, it  shall  be  u  sufficient  compliance  with  the  provisions  of 
this  act  if  the  front  room  is  provided  with  a  window  as  here- 
inbefore provided,  and  if  the  said  back  vault,  cellar  or  room 
is  connected  with  the  front  vault,  cellar  or  room  by  a  door, 
and  also  by  a  proper  ventilating  or  transom  window,  and  where 
practicable  also,  connected  by  a  proper  ventilating  or  tran- 
som window,  or  by  some  hall  or  passage  communicating  with 
the  external  air.  Provided  always  that  in  any  area  adjoining 
a  vault,  cellar  or  underground  room  there  may  be  steps 
necessary  for  access  to  such  vault,  cellar  or  room,  if  the  same 
be  so  placed  as  not  to  be  over,  across  or  opposite  to  the 
external  window,  and  so  as  to  allow  between  every  part  of 
such  steps  and  the  external  wall  of  such  vault,  cellar  or 


Title  XIV. 


23lrZ     Department  of  Buildings. 


room,  a  clear  space  of  six  inches  at  least,  and  if  the  rise  of 
said  steps  is  open  ;  and  provided  further  that  over  or  across 
any  such  area  there  may  be  steps  necessary  for  access  to  any 
building  above  the  vault,  cellar  or  room  to  which  such  area 
adjoins,  if  the  same  be  so  placed  as  not  to  be  over,  across  or 
opposite  to  any  such  external  window. 

§  50.  No  vault,  cellar  or  underground  room  shall  be  occu- 
pied as  a  place  of  lodging  or  sleeping,  except  the  same  shall 
be  approved,  in  writing,  and  a  permit  given  therefor  by  the 
health  commissioner. 

§  51.  Every  tenement  or  lodging  house  shall  have  the 
proper  and  suitable  conveniences  or  receptacles  for  receiving 
garbage  and  other  refuse  matters.  No  tenement  or  lodging 
house,  nor  any  portion  thereof,  shall  be  used  as  a  place  of 
storage  for  any  combustible  article,  or  any  article  dangerous 
to  life  or  detrimental  to  health ;  nor  shall  any  horse,  cow, 
calf,  swine,  pig,  sheep  or  goat  be  kept  in  said  house. 

§  52.  Every  tenement  or  lodging  house,  and  every  part 
thereof,  shall  be  kept  clean  and  free  from  any  accumulation 
of  dirt,  filth,  garbage  or  other  matt<^r  in  or  on  the  same  or 
in  the  yard,  court,  passage,  area  or  alley  connected  with  or 
belonging  to  the  same.  The  owner  or  keeper  of  any  lodging 
house,  and  the  owner  or  lessee  of  any  tenement  house  or  part 
thereof,  shall  thoroughly  cleanse  all  the  rooms,  passages, 
stairs,  floors,  windows,  doors,  walls,  ceilings,  privies,  cess- 
pools and  drains  thereof  of  the  house  or  part  of  the  house  of 
which  he  is  the  owner  or  lessee,  to  the  satisfaction  of  the 
health  commissioner,  so  often  as  shall  be  required  by  or  in 
accordance  with  any  regulation  or  ordinance  and  shall,  well 
and  sufficiently,  to  the  satisfaction  of  the  said  commissioner^ 
whitewash  the  walls  and  ceilings  thereof  twice  at  least  in 
every  year,  and  in  the  months  of  April  and  October,  unless 
the  said  commissioner  shall  otherwise  direct.  Every  tene- 
ment or  lodging  house  shall  have  legibly  posted  or  painted 
on  the  wall  or  door  in  the  entry,  or  some  public  accessible 
place,  the  name  and  address  of  the  owner  or  owners,  and  of 
the  agent  or  agents,  of  any  one  having  charge  of  the  renting 
and  collecting  of  the  rents  for  the  same  ;  and  service  of  any 


Department  of  Buildings.  231e 


Title  XIV. 


papers  required  by  this  title,  or  by  any  proceedings  to  en- 
force any  of  its  provisions,  or  of  the  provisions  relating  to  the 
department  of  health,  shall  be  sufficient  if  made  upon  the 
person  or  persons  so  designated  as  owner  or  owners,  agent  or 
agents. 

§  53.  The  keepers  of  any  lodging  house,  and  the  owner, 
agent  of  the  owner,  lessee  and  occupant  of  any  tenement 
house,  and  every  other  person  having  the  care  or  manage- 
ment thereof,  shall,  at  all  times,  when  required  l)y  any  offi- 
cer of  the  department  of  health,  or  by  any  officer  upon  whom 
any  duty  or  authority  is  conferred  by  this  title,  give  him  free 
access  to  such  house  and  to  every  part  thereof.  The  owner 
or  keeper  of  any  lodging  house,  and  the  owner,  agent  of  the 
owner,  and  the  lessee  of  any  tenement  house,  or  part  thereof, 
shall,  whenever  any  person  in  such  house  is  sick  of  fever,  or 
of  any  infectious,  pestilential  or  contagious  disease,  and  such 
sickness  is  known  to  such  owner,  keeper,  agent  or  lessee, 
give  immediate  notice  thereof  to  the  department  of  health,  or 
to  some  officer  of  the  same,  and  thereupon  the  health  com- 
missioner shall  cause  the  same  to  be  inspected,  and  may,  if 
found  necessary,  cause  the  same  to  be  immediately  cleansed 
or  disinfected  at  the  expense  of  the  owner,  in  such  manner  as 
he  may  deem  necessary  and  effectual ;  and  may  also  cause  the 
blankets,  bedding  and  bed  clothes  used  b^'  any  such  sick  per- 
son to  be  thoroughly  cleansed,  scoured  and  fumigated,  or,  in 
extreme  cases,  to  be  destroyed. 

g  54.  Whenever  it  shall  appear  to  the  satisfaction  of  the 
health  commissioner,  toat  any  building  or  part  thereof  is 
unfit  for  human  habitation,  by  reason  of  its  being  so  infected 
with  disease  as  to  be  likely  to  cause  sickness  among  the  occu- 
pants, or  by  reason  of  its  want  of  repair  has  become  danger- 
ous to  life,  he  may  issue  an  order,  and  cause  the  same  to  be 
affixed  conspicuously  on  the  building  or  part  thereof,  and  to 
be  personally  served  upon  the  owner,  agent  or  lessee,  if  the 
same  can  be  found  in  this  State,  requiring  all  persons  therein 
to  vacate  such  building  for  the  reasons  to  be  stated  therein 
as  aforesaid.  Such  building  or  part  thereof  shall,  within  ten 
days  thereafter,  be  vacated;  or  withinsuch  shorter  time,  not 
less  than  twenty-four  hours,  as  in  said  notice  may  be  speci- 


Title  XrV. 


231/     Department  of  Building's. 


fied ;  but  said  commissioner,  if  he  shall  become  satisfied  that 
the  danger  from  said  house,  or  part  thereof,  has  ceased  to 
exist,  may  revoke  such  order,  and  it  shall  thenceforth  be  in- 
operative. 

$  55.  It  shall  not  be  lawful  to  erect  for,  or  convert  to,  the 
purposes  of  a  tenement  or  lodging  house,  a  building  on  any 
lot  where  there  is  another  building  on  the  same  lot,  unless 
there  is  a  clear,  open  space  exclusively  belonging  thereto,  and 
extending  upwards  from  the  ground,  of  at  least  ten  feet  be- 
tween said  buildings,  if  they  are  one  story  high  above  the 
level  of  the  ground  ;  if  they  are  two  stories  high,  the  dis- 
tance between  them  shall  not  be  less  than  fifteen  feet ;  if  they 
are  three  stories  high,  the  distance  between  "them  shall  not 
be  less  than  twenty  feet ;  and  if  they  are  more  than  three 
stories  high,  the  distance  between  them  shall  not  be  less  than 
twenty-five  feet.  At  the  rear  of  every  building  hereafter 
erected  for  or  converted  to  the  purposes  of  a  tenement  or 
lodging  house  on  any  lot,  there  shall  be  a  clear,  open  space 
of  not  less  than  ten  feet  between  it  and  the  rear  line  of  the 
lot.  But  when  thorough  ventilation  of  such  open  spaces  can 
be  otherwise  secured,  such  distances  may  be  lessened  or  mod  - 
ified  in  special  cases,  or  the  open  spaces  may  be  dispensed 
with  on  corner  lots  by  a  permit  from  the  department  of 
health. 

§  56.  In  every  such  house  every  habitable  room,  except 
rooms  in  the  attic,  shall  be  in  every  part  not  less  than  eight 
feet  in  height  from  the  floor  to  the  ceiling ;  and  every  habita- 
ble room  in  the  attic  of  any  such  building  shall  be  at  least 
eight  feet  in  height  from  the  floor  to  the  ceiling,  throughout 
not  less  than  one-half  the  area  of  such  room.  Every  such 
room  shall  have  at  least  one  window  connecting  with  the  ex- 
ternal air,  or  over  the  door  a  ventilator  of  perfect  construc- 
tion, connecting  it  with  a  room  or  hall  which  has  a  connec- 
tion with  the  external  air,  and  so  arranged  as  to  produce  a 
cross  current  of  air.  The  total  area  of  window  or  windows 
in  every  room  communicating  with  the  external  air  shall  be 
at  least  one-tenth  of  the  superficial  area  of  every  such  room  ; 
and  the  top  of  one,  at  least,  of  such  windows  shall  not  be 
less  ikm  seven  feet  md  six  inches  above  the  floor,  and  the 


Department  of  Buildings.  2317 


Title  XIV. 


upper  half,  at  least,  shall  be  made  so  as  to  open  the  full 
width.  Every  habitable  room  of  a  less  area  than  one  hun- 
dred superficial  feet,  if  it  does  not  communicate  directly  with 
the  external  air,  and  is  without  an  open  fireplace,  shall  be 
provided  with  special  means  of  ventilation,  by  a  separate  air 
shaft,  extending  to  the  roof,  or  otherwise,  jis  the  commis- 
sioner of  health  ma}'  prescribe. 

§  57.  Every  such  house  shall  have  adequate  chimneys  run- 
ning through  every  floor,  with  an  open  fire  place  or  gi-ate,  or 
place  for  a  stove,  properly  connected  with  one  of  said  chim- 
neys, for  every  family  and  set  of  apartments.  It  shall  have 
proper  conveniences  and  receptacl*»s  for  ashes  and  rubbish. 
It  shall  have  Ridgewood,  or  other  water  furnished  at  one  or 
more  places  in  such  house,  or  in  the  yard  thereof,  so  that  the 
same  may  be  adequate  and  reasonably  convenient  for  the  use 
of  the  occupants  thereof.  It  shall  have  the  floor  of  the  cellar 
properly  cemented,  so  as  to  be  water  tight  The  halls  on 
each  floor  shall  open  directly  to  the  external  air,  with  suita- 
ble windows,  and  shall  have  no  room  or  other  obstruction  at 
the  end,  unless  sufficient  light  or  ventilation  is  otherwise  pro 
vided  for  said  halls,  in  a  manner  approved  by  the  health 
commissioner. 

«;  58.  A  tenement  house  within  the  meaning  of  this  act, 
shall  be  taken  to  mean  and  include  every  house,  building  or 
portion  thereof  which  is  rented,  leased,  let  or  hired  out  to  be 
occupied,  or  is  occupied  as  the  home  or  residence  of  three 
families  or  more,  living  independently  of  each  other,  and  do- 
ing their  cooking  upon  the  premises,  or  by  more  than  two 
families  upon  a  floor,  so  living  and  cooking,  but  having  a 
common  right  in  the  halls,  stairways,  yards,  water  closets  or 
privies,  or  some  of  them.  A  lodging  house  shall  be  taken  to 
mean  and  include  any  house  or  building,  or  portion  thereof, 
in  which  persons  are  harbored  or  received,  or  lodged  for  hire 
for  a  single  night,  or  for  less  than  a  week  at  one  time,  or  any 
part  of  which  is  let  for  any  person  to  sleep  in  for  any  term 
less  than  a  week.  A  cellar  shall  be  taken  to  mean  and  in- 
clude every  basement  or  lower  story  of  any  building  or  house 
of  which  one-half  or  more  of  the  height  from  the  floor  to  the 
ceiling  is  below  the  level  of  the  street  adjoining. 
Ch.  270,  L.  Ic91. 


Title  XIV.  23l7i     Department  of  Buildings. 

^  59.  The  health  commissioner  shall  have  authority  to 
make  other  ref>ulations  as  to  cellars  and  as  to  ventilation,  con- 
sistent with  the  foregoiDg,  where  he  shall  be  satisfied  that 
such  regulations  will  secure  equally  well  the  health  of  the 
occupants. 

§  60.  All  ash  holes  or  ash  houses  withiu  the  said  district 
of  tlje  City  of  Brooklyn  shall  be  built  of  brick  or  stone,  with- 
out the  use  of  wood  in  any  part  thereof. 

§  61.  The  commissioner  of  buildings  shall,  twice  in  each 
year,  namely,  in  the  months  of  June  and  December,  and  as 
much  oftener  as  he  may  think  proper,  examine  or  cause  to 
be  examined,  the  dwelling  houses  and  other  buildings  in  the 
city  for  the  purpose  of  ascertaining  all  violations  of  any  laws 
and  ordinances  for  the  more  effectual  prevention  of  fires,  and 
also  to  inspect  the  fire  places,  hearths,  chimneys,  stoves  and 
pipes  thereto,  ovens.,  boilers,  heaters  and  all  chemical  ap- 
paratus, or  other  things  and  substances  which,  in  hie  opin- 
ion, may  be  dangerous  in  causing  or  promoting  fire,  or  dan- 
gerous to  firemen  or  occupants  in  case  of  fire,  and  also  the 
places  where  the  ashes  may  be  deposited ;  and  it  shall  be 
lawful  for  him  or  any  of  the  inspectors  of  buildings  to  enter  into 
or  upon  any  lands  or  buildings  for  the  purpose  of  such  inspec- 
tion ;  and  it  shall  be  their  duty,  upon  finding  anything  de- 
fective or  dangerous,  to  direct  the  owner  or  occupant,  by  a 
written  or  printed  notice,  to  alter,  remove  or  amend  the  same, 
in  such  a  manner  and  within  such  a  reasonable  time  as  they 
may  deem  necessary  ;  and  in  case  of  any  neglect  or  refusal  to 
do  so  the  party  offending  shall  forfeit  and  pay  the  sum  of  fifty 
doUai  s,  and  for  every  twenty-four  hours  after  the  time  allotted 
aforesaid  to  alter,  remove  or  amend  the  same  in  conformity 
with  the  directions  aforesaid,  the  party  or  parties  offending 
shall  forfeit  and  pay  the  further  sum  of  ten  dollars. 

Note.  — This  entire  title  was  amended  by  Chapter  481,  Laws  1894. 
Section  one  to  section  forty-two,  inclusive,  is  new.  Section  forty-three 
lo  sixty-one,  inclusive,  consist  of  former  sections  of  the  title  renumbered 
(see  section  two  of  said  act).  Section  three  of  said  act  provides  for 
builditigs  iu  the  process  of  erection  at  the  time  of  the  passage  of  the  act. 


TITLE  XV 


DEPARTMENT  OF  CITY  WORKS. 

Section  1.  The  head  of  the  department  of  city  works  is 
hereby  designated  the  commissioner  of  city  works.  He  shall 
be  appointed  by  the  mayor,  as  hereinbefore  provided.  His  term 
of  office  shall  be  two  years,  and  shall  commence  on  the  first 
day  of  February  next  succeeding  his  appointment.  He  shall 
receive  an  annual  salarj^  of  five  thousand  dollars,  payable  in 
monthly  instalments.  He  may  appoint,  during  'pleasure,  a 
chief  engineer,  a  water*  register,  a  water  purveyor,  a  secretary 
and  such  and  so  many  other  subordinate  officers  and  em- 
plojTS  as  the  water  service  may  require.  He  shall  have 
charge  and  control,  subject  to  the  direction  of  common  council, 
excei3t  as  otherwise  provided  in  this  act,  of  the  records  and 
papers  of  the  department,  heieby  declared  to  be  public 
records,  and  of  the  following  works  and  property,  namely  : 

1.  Of  all  structures  and  property  connected  with  the  pub- 
lic water  works,  the  supply  and  distribution  of  water,  and 
the  collection  of  the  water  revenue. 

2.  Of  construction  and  maintenance  of  public  sewers  and 
drainage. 

3.  Of  opening,  altering,  regulating,  grading,  regrading, 
curbing,  guttering  and  lighting  streets,  avenues,  places  and 
roads,  flagging  sidewalks  and  laying  cross-walks. 

4  Of  constructing  and  repairing  public  roads,  extending 
beyond  the  limits  of  paved  streets. 

5.  Of  the  care  of  public  buildings  and  offices. 

6.  Of  the  filling  of  sunken  lots  and  fencing  vacant  lots. 

7.  Of  digging  down  lots,  licensing  of  street  vaults,  cisterns 
and  cesspools. 

8.  Of  paving  and  repaving  and  repairing  and  cleaning 
streets,  avenues  and  places,  an:l  keeping  the  same  clear  of 
encroachments,  obstructions  and  incumbrances. 

9.  Of  digging,  constructing  and  repairing  wells  and 
pumps. 


*  So  m  origiual. 


1 


Department  of  City  Works.   231  Title  XV. 

10.  Of  making  and  preserving  all  survey's,  maps,  plans, 
estimates  and  drawings  relating  to  the  laying  out  and  im- 
13rovements  of  streets,  avenues,  roads  and  sewers  ;  the  con- 
struction, altering  and  repairing  of  public  structures,  build- 
ings and  offices,  and  all  other  public  works  under  the  care  of 
the  said  department. 

§  2.  There  shall  be  the  following  bureaus  in  the  depart- 
ment of  city  works,  the  chief  officers,  subordinates  and  em- 
ployes of  which  shall  be  appointed  and  removed  at  pleasure 
by  the  commissioner  of  city  works,  as  provided  by  section  two 
of  title  three  of  this  act. 

1.  A  bureau  having  the  care  of  all  the  ponds,  conduits, 
reservoirs,  engines,  pumps  and  lands  connected  with  water 
works  ;  the  construction  of  any  new  work  relating  thereto  ; 
the  construction  of  sewers  ;  the  grading,  curbing,  guttering, 
paving,  repaving  and  repairing  of  all  streets,  avenues  and 
places  ;  constructing  and  rej^airing  roads,  flagging  ■  and  re- 
pairing sidewalks,  laying  crossw^alks,  filling  sunken  lots, 
digging  down  lots,  fencing  lots,  constructing  and  repairing 
of  wells  and  pumps,  setting  of  lamp-posts,  building  docks, 
bulkheads,  and  repairing  the  same,  building  and  repairing 
bridges  ;  making  and  preserving  all  maps  and  surveys,  plans, 
estimates  and  drawings,  relating  to  the  laying  out,  regulat- 
ing, grading,  paving,  numbering  and  renumbering  of  all 
streets  and  avenues,  and  any  other  public  improvement  to  be 
done  by  or  under  the  supervision  of  the  department,  and  the 
supervision  of  altering  and  repairing  all  public  buildings, 
offices  and  structures,  the  chief  officer  of  w^hich  shall  be  called 
the  "chief  engineer." 

2.  A  bureau  having  the  care  of  the  extension  and  distribu- 
tion of  the  water,  laying  of  the  water  pipes,  the  setting  of  all 
w^ater  meters,  taking  and  preserving  their  rc-cord,  the  sale 
of  water  to  shipping,  the  setting  and  repair  of  fire  and  drink- 
ing hydrants,  the  chief  officer  of  which  shall  be  called  the 
"  water  purveyor ;  "  provided  that  the  said  commissioner 
shall  not  have  the  power  to  direct  the  use  of  any  special  stop- 
cock or  other  plumbing  material,  but  may  prescribe  the  size 
and  strength.    Whenever  the  water  purveyor  shall  receive  a 


Title  XV. 


235  Department  of  City  Works. 


report  in  writing  from  a  member  of  the  fire  department,  as 
hereinbefore  provided  in  this  act,  showing  that  any  fire  hy- 
drant is  clogged  up,  frozen  or  out  of  repair,  or  for  any  other 
reason  is  not  in  good  working  order,  it  shall  be  the  dut}^  of 
the  water  purveyor  to  cause  such  hydrant  to  be  immediately 
put  in  good  order. 

Chap.  104,  Laws  of  1894,  Subd.  2,  Sec.  2. 

3.  A  bureau  for  the  collection  of  the  revenue  arising  from 
the  sale  and  use  of  water,  the  chief  officer  of  which  shall  be 
called  the  "  water  registrar,"  and  the  provision  of  the  fifth 
section  of  title  seven  of  this  act  shall  apply  to  the  registrar 
of  water  rates  in  like  manner  as  they  apply  to  the  collector 
of- taxes  and  assessments. 

4.  A  bureau  for  the  inspection,  cleaning,  granting  permits 
for  sewer  connections  and  their  inspection  and  the  general 
care  of  all  sewers,  to  be  called  "  superintendent  of  sewers." 

5.  A  bureau  having  the  care  and  charge  of  street  cleaning, 
removing-  ashes  and  garbage,  keeping  the  streets,  avenues 
and  places  free  and  clear  of  all  encroachments,  obstructions 
and  incumbrances,  regulating  the  occupancy  of  streets  by 
licensed  hacks,  carts  and  trucks,  granting  builders'  permits, 
putting  up  street  signs,  cleaning  and  repairing  public  lamps, 
inspection  of  gas  and  lamps,  the  erection  of  awnings,  the 
ctief  of  which  shall  be  called  the  "  superintendent  of 
streets." 

6.  A  bureau  having  charge  of  furnishing  fuel,  furniture, 
utensils,  books,  stationery  and  all  needed  articles  for  all  pub- 
lic offices  (including  the  city  courts),  excep'.ing  as  may  be 
otherwise  provided  for,  and  all  supplies  shall  only  be  fur- 
nished upon  a  requisition  signed  by  the  proper  officers  and 
approved  by  the  head  of  the  department ;  the  chief  of  such 
bureau  shall  be  called  "  superintendent  of  supplies." 

§  3.  The  said  commissioner  of  city  works  shall  recommend 
to,  and  the  common  council  shall,  by  ordinance,  establish  a 
scale  of  annual  water  rates  for  the  supply  of  water,  to  be 
called  the  scale  of  "  regular  rents,"  by  way  of  distinction 
from  the  assessments  hereinafter  directed,  and  adapted  to 
the  difi'erent  classes  of  buildings  in  said  city,  with  reference 
to  their  dimensions,  values,  exposures  to  fires,  their  ordinary 


Department  of  City  Works.  236  Title  XV. 

uses  for  dwelliDgs,  stores,  shops,  private  or  other  stables,  or 
other  common  purposes,  number  of  families  or  other  occu- 
pants, or  probable  consumption  of  water,  as  near  as  may  be 
practicable,  and  may  change  said  scale  from  time  to  time, 
and  also  extend  it  to  other  descriptions  of  buildings,  occu- 
pants and  uses ;  such  rents  shall  be  collected  from  the  owners 
and  occupants  of  all  such  buildings,  respectively,  which  shall 
be  situated  upon  lots  adjoining  an}-  street,  avenue,  lane  or 
court  in  said  city  in  which  the  distributing  water  pipes  shall 
have  been  laid,  and  from  which  they  can  be  supplied  with 
water,  whether  t'ae  water  shall  be  used  or  not.  Hotels,  fac- 
tories, stables,  livery  stables  and  other  buildings  and  estab- 
lishments, which  shall  consume  extra  quantities  of  water,  and 
steamboats  and  shipping  may,  in  addition  to  the  regular 
rates,  be  charged  with  rents  to  te  called  "  extra  rents,"  to  be 
established  in  like  manner  as  the  regular  rents.  Water  may 
be  distributed  from  said  works  for  any  use  in  Kings,  Queens 
and  adjacent  counties,  upon  such  terms  and  conditions  as 
may  be  prescribed  by  the  said  commissioner,  subject  to  the 
ordinances  of  the  common  council.  All  regular  rates  hereto- 
fore laid  or  which  may  hereafter  be  laid  for  the  use  of  water, 
and  all  rents  imposed  for  extra  water  closets,  and  for  each 
street-washer,  together  with  the  interest  chargeable  thereon, 
as  provided  in  title  seven,  section  ten,  after  the  same  are  pay- 
able, shall  be  a  lien  upon  the  premises  on  which  they  are 
charged,  and  may  be  collected  from  the  owner  or  occupants  ; 
such  liens  shall  be  enforced  in  the  same  manner  as  herein 
provided  for  the  collection  of  taxes.  All  charges  for  extra 
water  shall  be  payable  by  the  person  using  or  receiving  such 
extra  water  at  such  times  and  in  such  manner  as  the  common 
council,  or,  in  default  thereof,  the  commissioner  of  city  works, 
may  direct. 

§  4.  All  water  rates  and  water  rents  shall  be  paid  to  and 
collected  by  the  said  department  of  city  works.  All  moneys 
received  by  the  said  department  shall  be  paid  daily  to  the 
treasurer  of  the  City  of  Brooklyn,  who  shall  keep  a  separate 
account  of  all  moneys  received  from  and  paid  on  account  of 
the  water  works.  He  shall  hold  all  moneys  paid  in  on  ac- 
count of  the  water  works,  and  shall  pay  them  out  as  provided 
by  this  act,  and  not  otherwise. 


Title  XV. 


237  Department  of  City  Works. 


§  5.  The  price  of  rents  to  be  fixed  for  the  use  of  water  to 
be  suppHed  by  the  said  works,  shall,  as  far  as  may  be  reason- 
able and  practicable,  be  regulated  and  adjusted  so  as  to  pay 
from  the  net  income  the  interest  upon,  and  ultimately  the 
principal  of  the  bonds.  After  the  payment  or  deduction  of 
all  expenses  and  charges  of  maintenance  and  distribution,  the 
net  surplus  income  from  said  works  shall  be  set  apart  as  a 
special  sinking  fund,  to  be  denominated  "  the  water  sinking 
fund,"  and  shall  be  appropriated  and  apphed  for  and  towards 
the  payment  of  the  piincipal  and  interest  of  the  said  bonds, 
and  shall  be  under  the  management  and  control  of  the  mayor, 
comptroller  and  treasurer  of  said  city,  or  the  major  part  of 
them  for  the  time  being,  who  shall  be  the  commissioners  of 
the  said  fund,  and  shall  apply  the  same  solely  to  the  use  and 
purpose  aforesaid,  until  the  principal  and  interest  of  the  said 
bonds  shall  be  fully  paid  and  discharged. 

§  6.  The  said  commissioner  of  city  works  shall,  in  eyery 
year,  by  resolution,  fix  the  price  which  shall  be  assessed  (oyer 
and  aboye  the  regular  rent  and  the  special  rent  hereinbefore 
proyided  for)  upon  eyery  vacant  lot  situated  upon  any  street, 
lane,  alley  or  court  through  or  into  which  distributing  pipes 
shall  haye  been  laid,  until  the  bonds  issued  for  the  construc- 
tion of  the  said  works,  with  the  interest  thereon,  shall  have 
been  paid,  and  thereafter  they  shall  be  adjusted  so  as  to, 
with  the  other  provisions  of  this  act  respecting  income  from 
said  works,  meet  the  expense  of  repairs,  maintenance  and 
extension  of  said  works.  The  net  proceeds  or  income  of  said 
works  shall  be  paid  into  the  said  special  sinking  fund,  as 
herein  provided.  Such  sums  so  assessed,  together  with  per- 
centages for  defaults,  as  provided  by  section  f om'  of  title 
seven  of  this  act,  shall  be  a  lien  upon  the  said  premises  re- 
spectively, and  the  same  may  be  collected  and  enforced  in 
the  same  manner  as  the  annual  county  taxes  are  collected 
and  enforced  in  said  city. 

An  act  to  amend  an  act,  entitled,  "  An  act  to  provide 
for  the  supply  of  the  City  of  Brooklyn  with  water," 
passed  April  sixteen,  eighteen  hundred  and  fifty-nine. 


Department  of  City  Works.  2c 8 


Title  XV. 


Section  1.  The  act  entitled  "An  act  to  provide  for  the 
snp23ly  of  the  City  of  Brooklyn  witli  water,"  being  chap- 
ter three  hundred  and  ninety  six  of  the  laws  of  eighteen 
hundred  and  fifty-nine,  is  hereby  amended  by  adding  at 
the  end  thereof  a  section  to  be  known  as  section  thirty, 
as  follows : 

§  30.  The  commissioner  of  the  de]3artment  of  city 
works  shall  make  up  and  complete  by  the  fifteenth  day  of 
March  in  each  year,  books  containing  the  amount  of  the 
annual  water  rate  or  rent  to  be  levied,  assessed  or  charged 
upon  each  and  every  parcel  of  land,  occupied  or  vacant, 
and  each  and  every  building  in  the  City  of  Brooklyn, 
which  books  shall  be  ke])t  open  for  examination  and  cor- 
rection until  the  fifteenth  day  of  April  when  they  shall 
be  closed.  During  the  time  said  books  shall  be  open 
said  conmiissiouers  shall  give  notice  thereof  by  publica- 
tion in  the  corporation  newspapers  of  the  (City  of  Brook- 
lyn, and  during  that  time  application  may  be  made  by 
any  person  aggrieved  by  the  amount  charged  upon  or 
against  his  property.  Such  application  must  be  iu 
writing  and  must  state  the  grounds  of  the  objection. 

§  2.  This  act  shall  take  efiect  immediately. 
Chapter  44,  Laws  of  1888. 

§  7.  There  shall  be  added  to  the  general  tax  of  the  City  of 
Brooklyn  at  large,  yearly  hereafter,  and  levied  and  collected 
therein,  such  sum  of  money,  if  any,  which  in  the  judgment 
of  the  mayor  and  comptroller  may  be  necessary  to  pay  to  the 
sinking  fund  for  the  full  and  final  redemption  of  the  bonds 
issued  on  account  of  said  water  works.  And  also  there  shall 
be  added  to  the  said  general  tax  of  said  city  at  large,  yearly 
hereafter,  such  further  sums  of  money  in  each  year  as  shall 
be  necessary  to  pay  any  deficiency  which  the  net  income  of 
the  water  works,  after  paying  the  annual  expenses  thereof, 
shall  be  insufficient  to  pay  off  the  interest  for  any  year  on  any 
such  bonds.  It  shall  be  the  duty  of  the  mayor  and  comp- 
troller of  said  city  to  estimate  and  ascertain  the  amount  of 
such  deficiency,  and  transmit  a  statement  of  the  same  in  each 
year  to  the  board  of  estimate  in  time  to  have  such  amount 
included  in  the  general  tax  of  the  said  city  for  that  year  ;  it 
shall  be  the  duty  of  the  supervisors  of  the  County  of  Kings 
to  cause  such  amount  to  be  included  in  such  general  tax. 
Chapter  453.  Laws  of  1890. 


Title  XV. 


239  Department  of  City  Works. 


§  8.  The  moneys  directed  by  the  preceding  section  to  be 
be  paid  in  bo  tiie  said  water  sinking  fund  shall  be  invested 
by  the  commissioners  of  said  fund  in  the  several  and  re- 
spective public  stocks  or  bonds  issued  by  the  City  of  Brook- 
lyn, by  the  County  of  Kings,  by  the  State  of  New  York,  or 
by  the  United  States. 

§  9.  The  commissioner  of  the  department  of  city  works 
shall  make  up  and  complete,  by  the  fifteenth  of  March  in 
each  year  books  containing,  the  amount  of  the  annual  water- 
rate  or  rent  to  be  levied,  assessed  or  charged  upon  each  and 
every  parcel  of  land  occupied  or  vacant,  and  each  and  every 
building,  which  books  shall  be  kept  open  for  examination 
and  correction  until  the  fifteenth  day  of  April,  when  they 
shall  be  closed.  During  the  time  said  books  shall  be  open 
said  commissioner  shall  give  notice  thereof  by  publication  in 
the  corporation  newspapers  of  the  City  of  Brooklyn,  and 
during  that  time  application  may  be  made  by  any  person 
aggrieved  by  the  amount  charged  upon  or  against  his  prop- 
erty. Such  application  must  be  in  writing  and  must  state 
the  grounds  of  the  objection.  The  commissioner  of  city 
works  shall  cause  to  be  prepared  and  transmitted  to  the 
registrar  of  arrears,  on  or  before  the  first  day  of  June  in 
each  year,  a  separate  account  for  each  ward  of  all  items  for 
water  rates  of  the  last  preceding  water  year  ending  on  the 
last  day  of  April,  which  may  remain  unpaid,  wdth  the 
amount  due  on  each  lot,  and  shall  include  in  such  account 
all  amounts  for  water  rates  of  any  previous  year  which  may 
have  been  omitted  in  former  returns  to  said  registrar,  and 
shall,  at  the  same  time,  notify  the  comptroller,  in  writing,  of 
the  aggregate  amount  of  such  arrears  of  each  year  so  re- 
turned ;  and  said  department  shall  thereafter  receive  no  pay- 
ments on  account  of  the  same,  but  may,  nevertheless,  certify 
to  the  registrar  of  arrears  any  omissions  or  overcharges 
which  may  have  been  made  in  any  such  return  to  him, 
which  shall,  upon  snch  certificate,  be  duly  added  or  cancelled 
by  said  registrar ;  provided,  however,  that  no  such  amount 
shall  be  cancelled  or  remitted  after  the  same  has  been  settled. 

§  10.  The  said  commissioner  of  city  works  is  hereby- 
charged  with  the  duty  of  managing  said  works  so  as  to 


Department  of  City  Works.  240 


Title  XV. 


attain  the  objects  for  wbich  they  are  constructed,  and  of 
keeping  them  in  a  state  of  efficiency  and  repair ;  and  he  is 
authorized  from  time  to  time  to  expend  such  sums  of  money 
as  shall  be  appropriated  by  the  common  council  for  those 
purposes. 

§  11.  The  commissioner  of  city  works,  by  and  with  the 
consent  of  the  common  council,  is  hereby  authorized  from 
time  to  time  to  purchase  such  additional  land,  and  under 
existing  provisions  of  law  extinguish  such  additional  water 
rights  as  may  be  necessary  for  the  use,  protection  or  exten- 
sion of  the  water  works,  of  the  City  of  Brooklyn  :  and  to 
purchase  such  additional  pipes,  machinery  and  other  mater- 
ials as  may  be  necessary  for  the  distribution  of  water ;  and 
the  increase  of  the  cost  of  said  water  works  occasioned 
thereby,  and  all  incidental  expenses  incurred  and  to  be  in- 
curred in  the  extension,  construction  and  management  of 
said  works,  except  as  hereinafter  otherwise  provided  for, 
shall  be  met  by  the  issue  of  l)onds  of  the  city,  to  be  issued 
by  the  mayor,  comptroller  and  city  clerk  from  time  to  time, 
as  the  same  shall  be  required,  for  the  purposes  aforesaid, 
bearing  interest  at  the  rate  of  not  exceeding  four  per  cent, 
per  annum,  payable  half-j^early,  on  the  first  day  of  January 
and  July  in  each  year. 

§  12.  For  the  purpose  of  extending  the  water  works  of 
the  City  of  Brooldyn  or  increasing  the  efficiency  of  the  pres- 
ent works,  the  said  city  may  purchase,  take  and  hold  any 
real  estate  necessary  for  the  purpose,  and  by  its  agents,  di- 
rectors, servants  or  other  persons  employed,  may,  on  making 
compensation  therefor,  in  the  manner  provided  for  in  this 
title,  enter  upon  the  lands  of  any  person  or  persons  which 
may  be  necessary  for  that  purpose,  and  may  take  the  water 
from  any  springs,  ponds,  wells,  fountains,  streams,  or  other 
sources,  and  divert  and  convey  the  same  to  said  city,  and 
may  lay  and  construct  any  pipes,  conduits,  aqueducts,  canals, 
wells,  reservoirs,  or  other  works  or  machinery  necessary  or 
proper  for  said  purpose,  upon  any  lands  so  entered  upon, 
purchased,  taken  or  held.  Said  city  may,  as  aforesaid,  enter 
upon  any  lands,  streets,  highways,  roads,  lanes  or  public 
squares  through  which  they  may  deem  it  proper  to  carry  the 


Title  XV. 


241  Department  of  City  Works. 


water  from  said  springs,  fountains,  ponds,  rivers,  streams, 
wells,  reservoirs  or  other  sources,  and  lay  and  construct 
therein  any  pipes,  conduits,  aqueducts,  canals,  or  other 
works,  for  that  purpose,  leaving  the  said  lands,  streets,  high- 
ways, roads,  lanes,  or  public  squares  in  the  same  condition, 
as  nearly  as  may  be,  as  they  were  before  said  entry. 

§  13.  Before  entering,  taking  or  using  any  land  for  the 
purpose  in  the  last  section  mentioned,  the  City  of  Brooklyn 
shall  cause  a  survey  and  map  to  be  made  of  the  lands  in- 
tended to  be  taken  or  entered  upon  for  any  of  the  said  pur- 
poses, and  by  which  the  land  of  such  owner  or  occupant,  in- 
tended >  taken  or  used,  shall  be  designated,  and  which 
map  shall  be  signed  by  the  surveyor  or  engineer  making  the 
same  and  by  the  commissioner  of  city  works,  and  be  filed  in 
the  office  of  the  clerk  of  the  County  of  Kings.  The  City  of 
Brooklyn,  by  any  two  of  its  officers,  agents  or  servants,  may 
enter  upon  any  lands  for  the  purpose  of  making  any  examina- 
tion and  of  making  said  survey  and  maps. 

§  14.  In  case  the  commissioner  of  city  works  cannot 
agree  with  the  [said  owners  and  occupant  of  any  land  or 
water  intended  to  be  taken  or  used  as  aforesaid,  for  the  pur- 
chase thereof,  the  said  commissioner  of  city  works  may  apply 
to  the  supreme  court  at  any  term  or  session  thereof  held  in 
the  second  judicial  district,  or  to  the  county  court  of  said 
County  of  Kings  for  the  appointment  of  three  commissioners 
of  appraisal,  by  whom  the  compensation  to  be  paid  for  the 
damages  suffered  or  to  be  suffered  by  any  person  or  persons  by 
reason  of  taking  of  of*  said  lands  and  water  and  constructing 
any  of  the  works  of  said  City  of  Brooklyn,  shall  be  ascertained 
and  determined,  and  in  case  of  the  death,  resignation,  refusal 
or  disability  to  act  of  any  of  said  commissioners,  the  court  may 
appoint  others  in  their  places.  The  commissioners  shall 
cause  a  notice  of  at  least  twenty  days  of  the  time  and  place 
of  their  meeting  to  be  served  upon  such  of  the  owners  of  the 
said  land  and  water  as  can  be  found  in  this  State,  which  may 
be  served  personally,  or,  in  their  absence  from  their  dwell- 
ings or  place  of  business,  by  leaving  the  same  thereat  with 
some  person  of  suitable  age,  and  in  case  of  any  legal  dis- 


*So  in  tbe  original. 


Department  of  City  Works.  242  Title  XV. 

ability  of  such  owner  to  act,  thereupon  serving  notice  in  Uke 
manner  upon  his  guardian  or  person  appointed  to  act  for 
him  as  hereinafter  directed,  and  in  case  awy  of  said  persons 
cannot  be  found  in  this  State,  such  notice  shall  be  given  by 
publishing  the  same  for  six  weeks  successively  in  two  news- 
papers published  in  said  city,  and  if  any  of  said  owners 
shall  be  married  women,  insane,  infants  or  idiots,  the  said 
court  shall  appoint  some  suitable  person  to  attend  in  their 
behalf  before  the  said  commissioners  and  take  care  of  their 
interests  in  the  premises.  The  commissioners  may  issue 
subpoenas  to  compel  the  attendance  of  witnesses  to  testify 
before  them,  and  they  or  any  of  them  may  administer  the 
usual  oaths  to  such  witnesses.  They  shall  make  a  written 
report  of  aU  their  proceedings,  containing  the  testimony 
taken  by  them  and  showing  the  sum  awarded  to  each  owner 
or  other  person,  and  return  the  same  to  said  court  to  be 
filed  on  record.  The  Cit}'  of  Brooklyn  shall  pay  to  each 
commissioner  the  sum  of  three  dollars  per  day  for  every  day 
necessarily  spent  by  [him  in  the  performance  of  his  duty 
under  this  act,  and  to  each  witness  sworn  and  testifying,  and 
if  not  sworn  and  testifying,  who  the  commissioners  shall 
certify  was  properly  and  necessarily  subpoenaed,  the  sum  of 
one  dollar  per  day  and  four  cents  per  mile  travel  in  going 
and  returning,  if  living  more  than  three  miles  from  the  place 
of  meeting.  The  said  commissioner  of  the  city  works  or  any 
party  to  the  proceedings  of  the  said  commissioners  of  ap- 
praisal may  appeal  from  any  award  or  determination  of  the 
said  commissioners,  x^rovided  the  party  appealing  shall, 
within  tnn  days  after  such  award  or  determination  shall  be 
made,  give  written  notice  of  the  appeal  to  the  said  court ; 
the  said  court  shall  examine  the  report  of  the  said  commis- 
sioners, and  if  their  proceedings  in  the  case  have  been  irreg- 
ular, the  said  court  may  set  the  same  aside,and  order  newpro- 
ceedin.^s  and  appraisements,  and  the  said  court  may  make 
such  order  in  reference  to  the  proceedings  of  the  said  com- 
missioners and  of  notices  to  be  given  to  parties  as  may  not 
be  inconsistent  with  this  act,  and  as  the  nature  of  the  case 
and  the  interests  of  the  parties  may  require  ;  and  the  said 
commissioners  shall  again  examine  the  case  and  their  de- 
cision then  made  shall  be  final.    If  at  any  time  an  attempted 


Title  XV. 


243  Department  of  City  Works. 


or  actual  ascertainment  of  compensation  under  this  act,  or 
any  purchase  of  lands  or  water  for  the  use  of  said  City  of 
Brooklyn  the  title  acquired  to  all  or  any  part  of  said  land 
or  water  shall  fail  or  be  deemed  defective,  the  said  commis- 
sioner of  city  works  may  proceed  anew  to  perfect  such  title 
by  procuring  an  ascertainment  of  the  compensation  proper 
tu  be  made  to  any  person  or  persons  whose  title,  claim  or 
interest  in,  or  lien  upon  such  lands,  shall  not  have  been 
compensated  and  extinguished  according  to  law,  and  by 
making  payment  thereof  in  the  manner  heretofore  provided, 
as  near  as  may  bo.  Upon  the  payment  or  legal  tender  of 
the  compensation,  determined  as  before  provided,  the  said 
City  of  Brooklyn  shall  be  entitled  to  enter  upon  for  the  pur- 
poses contemplated  by  this  act,  all  the  lands,  waters,  and  real 
estate  for  which  such  compensatian  shall  be  paid  or  ten- 
dered as  herein  provided,  and  to  hold  and  use  the  same  for 
the  said  purposes  to  it  and  its  successors  forever.  If  any 
person  to  whom  any  compensation  shall  be  awarded  or  who 
shall  be  entitled  to  the  same  by  virtue  of  said  award,  cannot 
be  found  or  shall  refuse  to  receive  the  sum  awarded  to  him, 
then  the  said  payment  may  be  made  by  depositing  the 
amount  of  said  award  to  the  credit  of  said  person  in  such 
bank  as  mav  be  appointed  by  said  court,  a  certificate  of  such 
deposit,  signed  by  the  cashier  of  said  bank,  shall  be  pub- 
lished by  the  said  commissioner  of  city  works  in  the  corpo- 
ration newspapers  published  in  said  city  for  four  weeks  suc- 
cessively immediately  after  said  deposit.  If  the  person  to 
whom  compensation  is  awarded,  or  who  is  entitled  to  receive 
the  same  as  aforesaid,  be  under  legal  disability  as  aforesaid, 
payment  may  be  made  to  his  guardian,  or  person  appointed 
as  aforesaid  by  the  said  court,  as*,  if  said  guardian  or  person 
appointed  cannot  be  found,  then  by  deposit  in  bank  as  afore- 
said. The  said  City  of  Brooklyn  shall  also  take  and  hold, 
for  the  purposes  contemplated  by  this  act,  all  the  lands, 
waters,  and  real  estate  which  they  shall  in  any  way  legally 
enter  upon  and  take  by  virtue  thereof  to  it  and  its  suc- 
cessors forever. 

§  15.  The  said  commissioner  of  city  works  may  draw  upon 


'So  in  original. 


Department  of  City  Works.  '2U 


Title  XV. 


the  comptroller  of  the  City  of  Brooklyn  for  any  sum  in  favor 
of  and  to  be  paid  to  the  owner  of  any  lands,  streams  (^r 
property  acquired  or  affected  by  virtue  of  this  title,  and  also 
for  any  sum  to  be  paid  for  any  charges  and  expenses  in- 
curred by  him  in  the  performance  of  his  duties  pursuant  to 
section  fourteen  of  this  title.  Such  drafts  shall  specify  the 
objects  for  which  they  are  drawn,  and  shall  be  paid  by  the 
said  comptroller  on  their  presentation. 

?  16.  The  said  commissioner  of  city  works  shall  fix  the 
times  when  all  water  rents  shall  be  payable.  He  may  make 
regulations  as  to  the  times  and  mode  of  using  the  water  and 
testing  the  quantity  used,  and  the  rules  and  restrictions  for 
such  use,  printed  on  each  water  permit,  shall  be  notice  to  the 
water  takers,  and  shall  authorize  the  exaction  and  recovery, 
by  due  process  of  law,  of  any  penalties  which  the  said  com- 
missioner of  city  works  may  impose  in  addition  to  the 
cutting  off  the  use  of  the  water,  for  any  violation  of  the  rules  ; 
and  this  section  shall  be  printed  on  such  permits. 

^17.  The  said  commissioner  of  the  city  works,  shall  cause 
hydrants  to  be  placed  in  the  public  streets,  wherever  he  may 
deem  them  necessary,  to  be  used  for  the  extinguishment  of 
fires  and  other  purposes,  and  may  prescribe  and  limit  their 
uses  ;  and  any  use  thereof  in  violation  of  the  regulations  which 
said  commissioner  of  city  works  may  impose,  is  hereby  de- 
clared to  be  a  misdemeanor,  for  which  any  person  offending 
may  be  punished  according  to  law.  The  said  common 
council,  may,  by  ordinance,  prescribe  penalties  for  the  viola- 
tions of  said  regulations;  and  the  said  commissioner  of  of -^city 
works,  in  the  name  and  for  the  use  of  the  City  of  Brooklyn,  to 
the  credit  of  the  water  fund,  may  sue  for  and  recover  such 
penalties,  with  treble  costs,  in  any  court,  and  such  actions 
shall  be  conducted  under  the  direction  of  the  department  of 
law. 

§  18.  The  said  commissioner  of  city  works  may,  upon  such 
terms  and  conditions  as  he  may  provide,  license  plumbers  to 
open  streets  and  bore  pipes,  and  make  the  necessary  connec- 
tions therewith  to  conduct  the  water  upon  any  premises  for 


*So  in  original. 


Title  XV. 


215  Department  of  City  Works. 


use,  and  may  prescribe  a  license  fee  to  be  paid  by  such 
plumbers,  and  may  require  from  tbem  security  against 
damage  and  for  the  faithful  performance  of  such  duties. 
Chap.  133,  Laws  of  1891. 

§  19.  It  shall  not  be  lawful  to  establish  any  cemetery  or 
place  of  burial,  or  burial  vaults  or  other  place  for  the  recep- 
tion or  burial  of  dead  bodies,  or  to  bury  or  deposit  in  vaults 
any  dead  body  within  a  distance  of  half  a  mile  of  the  Eidge- 
wood  reservoir,  or  any  other  reservoir  or  any  other  XDond  used 
for  the  supply  of  the  City  of  Brooklyn  with  water.  But 
nothmg  herein  contained  shall  be  construed  to  prevent  buri- 
als in  any  cemetery  already  established  or  grounds  now  held 
by  any  religious  corporation  or  society  organized  under  the 
laws  of  this  State. 

20.  Any  person  or  persons,  their  aiders  and  abettors, 
w^ho  shall  wilfully  divert  or  cause  a  diversion  of  the  water, 
or  any  portion  thereof,  or  shall  corrupt  or  render  the  w^ater 
unpleasant  or  impure,  or  shall  destroy  or  injure  any  canal, 
aqueduct,  conduit,  reservoir,  pipe,  hydrant,  fountain,  gate, 
machinery  or  other  property,  part,  parcel  or  appurtenance  of 
the  said  works  required  or  used  for  Iprocaring,  securing  or 
distributing  the  water,  shall  severally  forfeit  to  the  said 
department,  for  the  use  of  the  City  of  Brooklyn,  to  be  re- 
coverable in  any  proper  form  of  action,  treble  the  amount 
of  damages  proved  to  have  been  occasioned  thereby,  with 
treble  costs  of  such  action ;  and  all  such  acts  are  hereby 
declared  misdemeanors,  and  any  person  convicted  of  any 
such  act  shall  be  further  punished  by  a  fine  not  exceeding 
one  thousand  dollars,  or  by  imprisonment  not  exceeding  one 
year,  or  both  in  the  discretion  of  the  court. 

§  21.  The  said  commissioner  of  city  works  shall,  in  the  name 
of  the  City  of  Brooklyn,  cause  to  be  prosecuted  or  defended 
by  the  department  of  law  all  actions  and  proceedings  at  law 
and  in  equity  for  money  due  for  the  use  of  water  or  for  the 
violation  of  any  ordinance  or  regulation  respecting  the  w'ater 
works  or  water,  or  for  the  breach  of  any  express  or  implied 
contract  relating  to  the  construction,  extension  or  mange- 
men  t  of  the  water  works  or  the  distribution  of  water ;  and 
also  for  any  injury  or  nuisance  to  the  water-courses,  ponds, 


Department  of  City  Works.  216 


Title  XV. 


canals,  conduits,  reservoirs,  pipes,  machinery,  buildings, 
fences,  crossings,  fixtures,  or  anything  appurtenant  to  the 
said  water  works,  or  for  any  improper  use  or  waste  of  the 
water  within  or  beyond  the  City  of  Brooklyn. 

§  22.  The  commissioner  of  city  works  shall,  on  the  first 
Tuesday  of  February  in  each  year,  make  a  written  report 
to  the  common  council  of  the  condition  of  the  works  under 
his  charge  up  to  the  first  day  of  January  preceding,  accom- 
panied by  a  statement  of  receipts  and  expenditures  on  account 
of  the  same ;  and  shall,  on  or  before  the  first  Monday  in  May 
in  6ach  year  report  to  the  common  council  working  plans  for 
the  ensuing  year  under  the  several  heads  of  repairs,  purchase 
and  laying  of  mains  and  pipes  and  new  work,  with  an  esti- 
mate of  the  quantity  of  work  under  each  head  of  expenditure 
which  it  shall  be  proposed  to  undertake,  and  of  the  costs  of 
each,  and  of  the  amount  of  salaries  and  contingencies  to  be 
incurred,  and  exhibiting  a  total  of  the  expenditures  contem- 
plated to  be  made  during  the  ensuing  twelve  months  from 
the  first  day  of  May  then  next.  The  appropriations  which  the 
common  council  shall  make  for  the  preservation  and  repair 
of  the  works  shall  be  applied  to  those  objects  alone  for  which 
the  appropriations  shall  be  made,  and  the  expenditure  for 
any  object  shall  not  exceed  the  appropriation  therefor. 

^  23.  It  shall  be  the  duty  of  the  standing  water  committee 
of  the  common  council  to  inspect  the  said  water  works  thor- 
oughly once  in  every  year,  and  make  a  written  rej^ort  thereon 
to  the  common  council. 

§  24.  The  lands  which  shall  be  occupied  by  or  used  for 
the  said  works  in  Queens  County,  shall  be  taxed  at  the  value 
of  the  adjacent  lands  used  for  agricultural  purposes,  exclusive 
of  any  improvements  thereon,  and  all  such  improvements  are 
hereby  declared  to  be  exempt  from  taxation,  except  that  in 
the  County  of  Queens,  dwelling  houses  and  machine  or 
pumping-houses  upon  such  lands  may  be  taxed  in  the  same 
manner  as  the  lands  of  individuals. 

§  25.  The  commissioner  of  city  works  shall  have  power,, 
and  it  shall  be  his  duty  to  devise  and  frame  from  time  to 
time  a  plan  or  plans  for  completing  and  perfecting  the 


Title  XV.  247  Department  of  City  Works. 

sewerage  sj'stem  of  Brooklyn  by  the  further  extension  of 
existing  sewers,  and  by  pumping,  or  such  other  means  as 
may  be  deemed  necessary  or  appropriate,  to  insure  a  more 
perfect  system  of  drainage,  for  the  purpose  of  thoroughly 
draining  and  carrying  off  the  surface  water  and  filth  proper 
to  be  carried  off  by  sewers  for  the  health  and  convenience  of 
the  inhabitants  of  said  city  or  to  prevent  an  overflow  from 
any  main  or  sub-main  sewer  heretofore  constructed  and  com- 
pleted in  any  sewer  district  of  said  city,  under  and  according 
to  the  general  plan  or  plans  for  sewers  herein  provided  for. 
No  plan  shall  provide  for  carrying  out  any  sewer  into  or 
under  the  East  river  or  tide  waters  bounding  said  city 
beyond  the  pier  line  estabUshed  by  law ;  the  plan  shall  show 
the  location  and  direction,  size  and  slope  of  each  drain  and 
sewer,  whether  mains  or  laterals,  and  its  depth  beiow  the 
surface  and  connections  with  other  drains  and  sewers,  and 
such  other  particulars  as  may  be  necessary  and  proper  for 
the  purpose  of  presenting  a  complete  and  entire  plan  of  such 
drainage  and  sew^erage ;  fivd  also  an  estimate  or  estimates  of 
the  cost  of  each  of  the  auxiliary  or  relief  sewers,  and  when- 
ever the  plans  of  auxiliary  or  relief  sewers  aforesaid  for  any 
one  sewer  district  are  completed,  with  an  approximate  esti- 
mate of  the  cost  of  the  improvement,  such  plans  and  esti- 
mate of  the  costs  thereof  shall  be  submitted  for  approval  to 
the  common  council.  The  commissioner  of  city  works  shall 
have  access,  for  all  his  purposes,  to  all  maps,  surveys  and 
documents  in  the  public  offices  of  said  city ;  he  shall  appoint 
one  general  superintendent ;  the  said  superintendent  shall 
apportion  all  sewer  assessments  hereinafter  mentioned,  and 
perform  and  execute  such  other  duties  under  this  act  as  the 
said  commissioner  may  aelegate  to  him,  in  the  same  manner 
and  with  the  same  effect  as  if  performed  and  executed  by  the 
saia  commissioner.  Jurisdiction  and  control  over  all  streets 
and  avenues  in  the  City  of  Brooklyn  is  hereby  granted  to 
said  commissioner  for  the  purpose  of  executing  the  duties 
imposed  on  him  by  this  title.  The  plans  aforesaid  shall  in- 
clude storm  or  overflow  sewers  at  such  points  as  the  com- 
missioner of  city  works  shall  deem  necessary,  and  may  pro- 
vide for  the  connection  of  one  sewer  district  or  portion 
thereof  with  another  sewer  district. 


Department  of  City  Works.  248 


Title  XV. 


§  26.  Whenever  the  said  commissioner  has  prepared  the 
said  plan  or  plans  of  drainage  and  sewerage,  in  whole  or  in 
part  (exceptiDg  those  of  said  auxihary  or  relief  sewers)  he 
shall  cause  public  notice  to  be  given  in  the  corporation  news- 
papers published  in  the  City  of  Brooklyn  that  such  plan  has 
been  filed  in  his  office  for  inspection,  and  that  he  will  attend 
at  a  time  and  place  in  said  city  to  be  specified  in  said  notice, 
not  less  than  twenty  days  after  the  first  publication  of  such 
notice,  w^hen  he  will  receive  the  view^s  and  suggestions  and 
objections  of  any  parties  interested  in  the  drainage  and 
sewerage  of  said  city  :  the  said  commissioner  shall  hear  such 
parties  at  the  time  and  place  so  specified,  or  at  any  ad- 
journed meeting  then  and  there  proclaimed,  and  shall  there- 
upon amend  and  correct  the  same  as  he  may  deem  proper, 
and  file  a  cop}'  thereof,  as  amended  and  corrected,  and  duly 
certified  by  him,  in  the  department  of  city  works,  and  in  the 
office  of  the  register  of  the  County  of  Kings,  whereupon 
the  plan,  or  any  part  thereof  therein  set  forth,  shall  form  a 
part  of  the  permanent  plan  of  sewerage  of  the  Cit}'  of 
Brooklyn. 

4f  27.  If  the  said  common  council  shall  by  resolution  of  a 
majority  of  its  members  api^rove  any  plan  or  plans  submitted 
to  it  for  the  more  perfect  delivery  of  sewage  and  surface 
water  by  auxiliary  or  relief  sewers  as  aforesaid  from  and 
through  existing  sewers  as  aforesaid,  it  shall  thereupon 
become  the  duty  of  the  commissioner  of  city  works  to  pro- 
ceed and  construct  the  sewer  or  sewers,  as  the  case  may  be, 
according  to  the  plan  or  plans  so  approved.  Providing, 
however,  that  the  said  common  council  moy,  in  manner 
aforesaid,  upon  the  recommendation  of  the  commissioner  of 
the  said  department,  from  time  to  time,  amend,  or  modify  any 
plan  or  plans  so  approved  by  it. 

§  28.  All  work  contemplated  to  be  done  by  any  plan  of 
auxiliary  or  relief  sewers  approved  as  aforesaid,  shall  be  done 
by  contract,  to  be  let  in  the  manner  hereinafter  prescribed, 
but  the  same  may  be  let  in  one  or  more  contracts  as  to  the 
said  commissioner  may  seem  meet  and  for  the  best  interests 
of  said  city.  The  terms  and  conditions  of  such  contracts 
shall  be  fixed  in  specifications  to  be  prepared  by  the  said 


Title  XV. 


249  Department  of  City  Works. 


commissioner  and  filed  in  his  department  before  proposals 
for  the  work  are  invited.     The  specifications  shall  require 
adequate  security  to  be  given  for  the  performance  of  the 
contract.    The  said  commissioner  shall  advertise  in  the  cor- 
poration newspapers  for  ten  days  for  proposals  to  perform 
the  work  in  accordance  with  the  specifications.    Before  so 
advertising,  he  shall  fix  an  amount  to  be  paid  to  said  city  as 
liquidated  damages  by  the  bidder  in  case  he  shall  fail  to 
execute  the  contract  within  the  time  limited  by  the  specifica- 
tions, if  it  shall  be  awarded  to  him.    Each  proposal  must 
be  accompanied  by  a  certified  check  on  a  solvent  banking 
incorporation  in  said  city  in  the  amount  so  fixed,  and  drawn 
to  the  order  of  the  comptroller  thereof.    The  check  so  de- 
posited, shall  be  returned  to  the  unsuccessful  bidders,  and 
the  check  deposited  by  the  successful  bidder  shall  be  re- 
turned to  him  upon  his  executing  the  contract  and  furn- 
ishing the  security  required  by  the  specifications.    But  if 
the  bidder  to  whom  the  contract  shall  be  awarded  shall 
neglect  or  fail  to  execute  the  same  within  the  time  limited 
by  the  specifications,  or  within  the  same  time,  to  furnish  the 
security  for  the  execution  of  the  contract  thereby  required, 
the  check  deposited  by  him  and  the  amount  thereof  shall  be 
forfeited  to  said  city  and  retained  by  it  to  its  own  use  as 
liquidated  damages  for  such  neglect  or  failure.    The  said 
commissioner  may  reject  any  and  all  bids  offered  in  pursu- 
ance of  any  advertisement  therefor  made  by  him,  and  re- 
advertise  for  new  bids  under  the  same  or  other  specifications, 
imtil  a  contract  for  the  work  covered  by  the  specifications 
shall  be  actually  made  and  entered  into  by  him  in  behalf  of 
said  city. 

§  29.  The  expenses  attending  the  construction  of  drains 
and  sewers,  except  such  auxiliary  or  relief  sewers  as  afore- 
said, shall  be  borne  as  follows,  that  is  to  say:  The  amount 
of  so  much  of  the  expense  of  constructing  any  main  drain  or 
sewer,  as  shall,  in  the  judgment  of  the  said  commissioner  of 
city  works,  exceed  the  cost  of  a  proper  lateral  drain  or  sewer 
for  the  street  in  which  such  main  drain  or  sewer  shall  be 
laid,  shall  be  assessed  upon  the  owners  of  lands  other  than 
those  fronting  on  such  streets  or  avenues  as  shall  be  drained 


Department  of  City  Works.  2^0 


Title  XV. 


by  or  discbarg:e  tlieir  waters  through  any  lateral  sewer  iuto 
such  main  rlrain  or  sewer,  in  proportion  to  the  benefit  de- 
rived by  such  owners  resj^ectively  by  such  main  drain  or 
sewer,  not  exceeding  any  actual  benefit  denved  therefrom  by 
them  respectively ;  the  balance  of  such  expenses  for  the  con- 
struction of  any  main  drain  or  sewer,  and  the  expenses  of 
constructing  any  lateral  drain  or  sewer,  shall  be  assessed  by 
the  said  commissioner  of  city  works  upon  the  owners  of  lots 
fronting  on  the  streets  and  avenues  through  which  such 
sewer  shall  be  laid,  in  proportion  to  the  benefit  derived  by 
them  respectively,  not  exceeding  the  actual  benefit  derived 
therefrom  by  them  respectivelj\ 

§  30.  The  said  commissioner  shall  cause  assessments  for 
the  expenses  as  aforesaid  of  each  sewer  constructed  by  bim, 
the  expense  of  which  is  required  to  be  defrayed  by  assess- 
ment, to  be  made  out  in  proper  form,  with  diagrams  showing 
the  property"  assessed,  and  the  names  of  the  owners  thereof, 
and  when  such  assessment  is  made,  publish  a  notice  in  the 
corporation  newspapers  tbat  the  same  has  been  completed, 
and  of  a  place  in  said  cit}  where  the  same  may  be  examined, 
and  of  a  time  not  less  than  ten  days  thereafter,  when,  and  of 
a  place  in  said  city  where  he  will  attend  to  hear  objections 
thereto :  he  shall  then  and  there  hear  parties  objecting,  and 
shall  thereupon  proceed  to  amend  and  correct  such  assess- 
ment as  he  may  deem  proper :  he  shall  then  certify  the  same 
to  be  complete,  and  send  the  same  so  certified  to  the  common 
counc:l  of  said  city,  and  thereupon  such  assessments  shall  be 
deemed  to  be  a  local  assessment  within  the  operation  of  this 
act,  and  the  assessment  therein  made  shall  become  a  lien  upon 
the  lands  so  assessed,  and  the  owners  of  the  lands  so  assessed 
shall  be  liable  to  pay  such  assessments,  and  the  common 
council  shall  issue  to  the  collector  of  taxes  and  assessments,  a 
warrant  for  the  collection  thereof,  and  all  the  provisions  of 
this  act  in  respect  to  the  enforcement  of  the  lien  of  assess- 
ments for  local  improvements,  and  the  collection  of  such 
assessments  shall  apply  to  and  govern  all  assessments  made 
pursuant  to  this  section.  Whenever  in  any  case  it  shall  be 
found  necessary  to  maintain  a  pump  or  ]3umps  for  the  pur- 
pose of  raising  sewerage  a  sum  sufficient  to  cover  the  expense 


Title  XV. 


251  Department  of  City  Works. 


thereof  shall  be  levied  in  the  annual  tax  levy  upon  the  sewer 
district  benefited  thereby.  To  meet  such  cash  outlay  in  the 
construction  of  sewers  (in  anticipation  of  the  collection  of 
assessments)  as  the  said  commissioner  of  city  wo;ks  may  deem 
necessary,  the  mayor,  comptroller  and  city  clerk  of  the  said 
city,  shall,  on  the  requisition  of  said  commissioner  of  city 
works,  and  from  time  to  time  as  so  required,  borrow  such 
sums,  not  to  exceed  two  millions  of  dollars  outstanding  at 
any  one  time,  upon  the  bonds  of  the  said  city,  which  they  are 
hereby  authorized  to  issue  for  that  purpose,  bearing  interest 
not  to  excef  d  four  per  centum  per  annum,  and  payable  in  not 
more  than  threa  years  from  their  respective  dates.  The  pro- 
ceeds of  sucli  bonds  shall  be  paid  to  the  city  treasurer. 

§  31.  To  meet  the  cost  of  the  construction  of  the  auxiliary 
sewers  referred  to  in  section  twenty-flve  of  this  title,  the 
mayor,  comptroller  and  city  clerk  of  said  city  shall  on  the 
requisition  of  the  commissioner  of  city  works  and  from  time 
to  time  as  so  required,  boiTOw  the  necessary  sum  or  sums  of 
money,  not  to  exceed  in  the  aggregate  the  sum  of  two  million 
dollars,  upon  the  bonds  of  said  city,  which  are  hereby 
authorized  to  issue  for  that  purpose,  bearing  interest  at  a 
rate  not  to  exceed  four  per  centum  jDer  annum.  The  said 
bonds  shall  not  be  sold  for  less  than  par,  and  shall  be  issued 
in  such  series  and  for  such  periods  as  the  comptroller  and 
mayor  shall  determine.  The  proceeds  of  said  bonds  shall  be 
paid  into  the  city  treasury  to  the  credit  of  the  fund  to  be 
denominated  "main  sewer  relief  and  extension  fund,"  and 
shall  be  paid  therefrom  upon  proper  vouchers  in  the 
usual  manner  as  may  be  required  for  said  purpose.  To  meet  the 
payment  at  maturity  of  any  bonds  issued  prior  to  the  first  day 
of  April,  eighteen  hundred  and  tight3'-nine,  for  the  construc- 
tion of  auxiliary  sewers,  there  shall  be  placed  annually  in  the 
tax  levy  of  the  City  of  Brojklyn  such  sum  of  money  as  the 
mayor  and  comptroller  of  said  city  shall  certify  to  the  "  board 
of  estimate  of  the  County  of  Kings  and  the  City  of  Brooklyn,"^ 
to  be  necessary  for  such  purpose  ;  the  money  so  levied  when 
collected  shall  be  paid  into  tne  sinking  fund  of  the  said  city 
for  the  purpose  of  redeeming  the  bonds  so  issued.  In  case 
any  moneys  for  the  construction  of  auxiliary  sewers  shall  be 


Department  of  City  Works.  252 


Title  XV. 


required  beyond  the  amount  of  bonds  authorized  by  this 
section  to  be  issued,  the  said  board  of  estimate  is  hereby 
authorized  from  year  to  year  to  fix  and  determine  what  sums 
of  money  ought  to  be  spent  in  the  following  year  for  the  con- 
struction of  said  sewers,  and  the  sums  so  fixed  and  determined 
shall  be  included  in  the  tax  levies  of  said  city. 
Chap.  379,  Laws  of  1894. 

(See  Chap.  354,  Laws  of  1889  and  Chap.  169,  Laws  of 
1888.) 

§  32.  In  case  the  said  commissioner  of  city  works  shall,  in 
devising  and  framing  a  plan  or  plans  of  sewerage  and  drain- 
ing, find  it  necessary  to  construct  a  sewer  or  drain  through 
any  part  of  any  street  or  avenue  not  opened  by  law,  and  such 
sewer  or  drain  cannot  be  constructed  so  as  to  properly  drain 
any  portion  of  said  city  without  carrying  the  same  through 
any  part  of  said  street  or  avenue  not  opened  as  a  public 
street  or  avenue,  it  shall  be  lawful  for  said  commissioner  to 
present  a  petition  to  the  supreme  court,  at  a  general  or 
special  term  thereof,  held   in  the  City  of  Brooklyn,  for 
the  appointment  of  commissioners  to  proceed  to  open  said 
streets  or   avenues  in  the  manner  provided  by  law  for 
opening  streets  and  avenues,  by  petition  to  the  common 
council  of  said  city,  and  the  said  court,  upon  such  apphca- 
tion,  shall  be  authorized  to  appoint  such  commissioners  ;  ten 
days'  notice  of  such  application  shall  be  pubHshed  in  the 
newspapers  employed  by  the  common  council  of  the  city  of 
Brooklyn  for  the  publication  of  ordinances  and  notices,  stat- 
ing the  time  and  place  when  such  petition  will  be  presented 
to  the  court :  all  parties  in  interest  may  be  heard  before 
said  court,  and  if  said  court  shall  make  an  order  for  the  ap- 
pointment of  such  commissioners,  then  all  the  laws  in  rela- 
tion to  opening  streets  and  avenues  in  said  city,  the  award- 
ing of  damages,  making  assessments   a  lien  and  fixing 
districts  of  assessments,  and  collecting  such  assessments, 
eball  be  applicable  thereto,  in  the  same  manner  as  if  such 
street  or  avenue  had  been  opened  on  petition  to  the  common 
council  of  said  city. 

§  33.  In  case  any  plan  or  i^lans  approved  pursuant  to  the 
provisions  of  section  twenty -five  of  this  title  shall  contem- 


Title  XV. 


253  Department  of  City  Works. 


plate  the  construction  of  any  sewer  or  sewers  or  parts 
thereof,  through,  over  or  across  private  property,  the  City  of 
Brooklyn  is  hereby  authorized  to  acquire  the  land  necessary 
for  that  purpose  or  an  easement  therein  by  the  proceedings 
hereinafter  prescribed,  namely:  The  commissioner  of  the 
said  department  of  city  works  shall  first  cause  a  map  to  be 
prepared,  showdng  the  land  necessary  to  be  taken  for  the 
purpose  aforesaid,  and  shall  thereon  designate  whether  the 
fee  of  said  land  is  to  be  taken  or  an  easement  therein,  and 
shall  file  the  same  in  his  department,  and  a  duplicate  there- 
of in  the  office  of  the  register  of  the  County  of  Kings.  The 
corporation  counsel  of  said  city  shall  thereupon  make  appli- 
cation in  the  name  of  the  City  of  Brooklyn  to  the  supreme 
court  at  any  special  term  thereof  held  in  the  second  judicial 
department,  for  the  appointment  of  commissioners  of  ap- 
praisal. Before  making  such  application  the  said  corpora- 
tion counsel  shall  give  notice  of  his  intention  so  to  do  by  the 
publication  thereof  in  the  corporation  newspapers  of  said 
city.  Such  notice  shall  specify  the  time  and  place  when  and 
where  the  application  will  be  made,  shall  briefly  state  the 
object  of  the  application,  and  shall  be  published  in  each 
issue  of  said  papers  (Sundays  and  legal  holidays  excepted) 
for  at  least  ten  days  next  preceding  the  date  of  the  applica- 
tion. At  the  time  and  place  mentioned  in  said  notice,  or  at 
the  time  and  place  to  which  the  same  may  be  adjourned,  the 
court,  upon  proof  by  affidavits  to  its  satisfaction  of  the  publi- 
cation of  the  notice  as  aforesaid,  shall  make  an  order  ap- 
pointing three  disinterested  and  competent  freeholders  as 
commissioners  to  ascertain  and  appraise  the  compensation  to 
be  made  to  the  owner  or  owners  and  all  persons  interested 
in  the  real  estate  shown  upon  the  map  fil^  d  as  hereinbefore 
required,  and  shall  fix  a  time  and  place  for  the  first  meeting 
of  the  commissioners.  The  order  shall  also  prescribe  as  to 
whether  the  compensation  so  to  be  ascertained,  is  for  the  fee 
of  the  land  or  only  for  an  easement  therein.  The  said  court 
may  also  appoint  another  or  others  to  act  in  the  place  of  any 
one  or  more  of  such  commissioners  who  may  die,  decline  or 
neglect  to  serve,  or  who  may  from  any  cause  be  or  become  dis- 
abled or  incompetent  to  serve.  And  the  said  court  may  ap- 
point guardians  for  infants  and  incompetent  persons  in  the 


Department  of  City  Works.  254  Title  XV. 

nature  of  guardians  ad  litem,  to  repressnt  tliem  and  to 
protect  their  interests,  and  to  prosecute  appeals,  who 
shall  be  entitled  to  receive  such  reasonable  compensa- 
tion as  the  court  shall  allow.  The  said  commissioners 
shall  be  sworn  before  a  justice  of  the  supreme  court 
or  a  judge  of  the  city  court  of  Brooklyn,  faithfully"  and  im- 
partially to  perform  the  duties  devolved  upon  them  by  virtue 
of  said  appointment,  and  shall  proceed  with  all  reasonable 
diligence  to  make  the  appraisement  aforesaid,  and  for  that 
purjDose  they  shall  have  power  to  enter  upon  the  premises 
affected,  to  hear  the  allegations  and  proofs  of  the  parties  in- 
terested, at  such  times  and  places  as  they  may  appoint,  and 
to  continue  such  hearing  from  time  to  time  as  they  may 
deem  proper.  Any  one  of  their  number  may  administer  an 
oath  to  the  witnesses  who  may  appear  before  them,  and  they 
shall  make  a  report  to  the  supreme  court,  signed  by  them  or  a 
majority  of  them,  of  the  proceedings  before  them  with  the 
minutes  of  the  testimony  taken  before  them,  if  any.  The 
said  report  shall  contain  descriptions  of  the  several  parcels  of 
land  affected,  the  names  of  the  persons  interested  therein,  so 
far  as  the  same  are  known  to  the  commissioners,  and  a  state- 
ment of  the  sum  estimated  and  determined  by  them  as  a  just 
and  equitable  compensation,  to  be  made  by  the  city  to  the 
owners  or  persons  interested  in  each  parcel  so  taken  or 
affected.  When  the  said  report  is  completed,  the  said  com- 
missioners shall  file  the  same  in  the  office  of  the  clt  i  k  of  the 
County  of  Kings.  The  said  corporation  counsel  nia.j,  after 
the  tiling  of  the  said  report,  give  notice  that  the  same  will 
be  presented  for  confirmation  to  the  supreme  court,  at  a 
special  term  thereof,  to  be  held  in  the  second  judicial  de- 
partment, at  a  time  and  place  to  be  specified  in  the  notice : 
the  notice  shall  also  contain  a  statement  of  the  time  and 
place  of  filing  the  report,  and  shall  be  published  in  the  cor- 
poration newspapers  of  said  city  for  at  least  ten  days  next 
preceding  the  date  of  the  presentation  of  the  report  for  con- 
firmation. At  the  time  mentioned  in  said  notice,  or  at  the 
time  to  which  the  hearing  tnereunder  may  be  adjourned,  the 
court  shall  confirm  the  said  report,  and  the  said  report  shall 
be  final  and  conclusive,  as  well  upon  the  City  of  Brooklyn  as 
upon  the  owners  and  other  parties  interested  in  said  real 


Title  XV.  2  )5  Department  of  City  Works. 

estate,  unless  an  appeal  shall  be  taken  therefrom  as  herein - 
alter  provided.  The  corporation  counsel  of  said  city  may, 
however,  discontinue  the  proceedings  at  any  time  before 
the  report  shall  be  confirmed.  The  City  of  Brooklyn 
shall,  within  thirty  days  after  the  confirmatioa  of  the 
said  report,  pay  to  tlie  persons  mentioned  in  said  report, 
in  whose  favor  any  sums  of  mone}'  have  been  awarded  by  the 
said  commissioners,  the  sums  aw^arded  to  them  respectively, 
unless  the  persons  entitled  to  such  sums  shall  be  unknown  or 
uncertain  or  absent  from  the  City  of  Brookljm,  or  cannot  be 
found,  or  infants,  or  of  unsound  mind,  in  which  cases  the 
court  may  order  the  sums  awarded  to  be  deposited  in  court, 
or  in  a  trust  company,  to  the  credit  of  the  proceedings,  to  be 
drawn  out  and  paid  to  the  parties  interested,  only  upon  the 
order  of  the  court,  and  may  prescribe  the  manner  in  which 
the  parties  interested  shall  be  ascertained,  upon  application 
to  it  by  any  person  claiming-  the  moneys  so  deposited. 
Upon  the  payment  or  deposit,  as  aforesaid,  of  the  sums 
awarded,  the  City  of  Brooklyn  may  enter  upon,  use  and 
occup3^  the  lands  mentioned  and  described  in  the  said  report. 
Within  twent}"  days  after  the  confirmation  of  the  report  of 
the  commissioners,  as  hereinbefore  provided,  either  party 
may  appeal  therefrom,  and  from  the  appraisal  of  the 
commissioners  to  the  supreme  court,  by  notice  in  writing 
to  the  other  party,  specifying  the  grounds  of  the  appeal. 
Such  appeal  shall  be  heard  on  due  notice  thereof  being- 
given,  according  to  the  rules  and  practice  of  the  court,  either 
at  a  general  or  special  term  thereof,  to  be  held  in  the  second 
judical  department,  as  the  ai^i^ellant  in  and  by  this  notice  of 
appeal  shall  elect.  On  the  hearing  of  such  appeal  the  court 
may  direct  a  new  appraisal  and  determination  of  any  ques- 
tion passed  upon  by  the  same  or  new  commissioners.  From 
any  determination  of  the  special  term,  an  appeal  may  be 
taken  by  either  party  to  the  general  term  of  the  same  court. 
In  the  case  of  a  new  appraisal,  the  second  report  shall  be 
final  and  conclusive  upon  all  parties  and  persons  interested. 
If  the  amount  of  compensation  to  be  made  by  the  said  city 
is  increased  by  the  second  report,  the  dijBference  shall  be  paid 
by  the  said  city  to  the  persons  entitled  thereto,  and  if  the 
amount  of  such  compensation  is  diminished  thereby,  judg- 


Department  of  City  Works.  256  Title  XV. 

ment  for  the  difference  in  favor  of  the  said  city,  must  be 
rendered  by  the  court  upon  the  presentation  of  the  report 
for  the  confirmation,  against  the  persons  liable  to  pay  the 
same.  The  commissioners  appointed  aforesaid,  shall  be 
allowed  five  dollars  each  for  each  and  every  day  actually 
and  necessarily  employed  about  their  duties.  The  sum 
awarded  for  any  real  estate  or  easement  therein,  taken 
pursuant  to  this  section,  and  the  expenses  of  the  proceedings, 
shall  be  deemed  to  be  and  be  taken  as  a  part  of  the  cost  of 
the  construction  of  the  sewer  or  sewers,  according  to  the  plan 
or  plans  approved  pursuant  to  said  section. 

?  34.  In  case  it  shall  become  necessary,  in  the  construction 
of  any  sewer  according  to  any  plan  adopted  as  aforesaid,  to 
acquire  an  easement  for  that  purpose  in  any  lands  under 
water  below  high-water  mark  on  the  Brooklyn  shore  of  the 
East  river  or  bay  of  New  York,  in  which  any  person  has  a 
private  interest  or  ownership,  the  City  of  Brooklyn  may  ac- 
quire such  easement  in  tbe  manner  and  by  the  proceedings 
prescribed  in  and  by  this  title,  and  the  awards  therefor  shall 
be  paid  as  provided  in  said  title. 

?  35.  Any  overflow  se we wrs*  which  may  be  deemed  necessary 
for  the  relief  of  any  main  sewers  now  constructed  in  said 
city,  may  be  discharged  into  the  waters  adjacent  to  said  city, 
or  into  the  Gowanus  canal,  or  any  other  canal  or  inlet  in  said 
city,  at  such  points  as  in  its  judgment  may  be  most  con- 
venient. 

§  36.  It  shall  be  the  duty  of  the  City  of  Brooklyn  to  kee}) 
any  canal  free  from  any  obstructions  that  may  be  occasioned 
by  the  reason  of  the  emptying  of  said  overflow  sewers  into 
it,  and  for  that  purpose  the  department  of  city  works  of  said 
city  is  authorized  and  directed  to  dredge  the  same  from  time 
to  time. 

§  37.  The  current  cost  of  altering,  repairing  and  cleaning 
sewers,  and  all  incidental  expenses  of  management  shall  be 
estimated  by  the  said  commissioner  and  be  annually  in- 
cluded in  the  amount  to  be  raised  by  annual  tax. 

^  38.  The  said  commissioner  of  city  works  may  take  pro- 
ceedings to  acquire  land  and  interest  therein  for  the  con- 
*  So  in  original. 


Title  XV. 


257  Department  of  City  Works. 


struction  and  maintenance  of  sewers,  Avhere  such  sewer  is 
proposed  to  run  through  lands  which  are  not  x^art  of  a 
public  street  or  place  in  the  manner  prescribed  for  the  ac- 
quisition of  lands  by  the  foregoing  sections  of  this  title.  The 
costs  and  expenses  incident  thereto  shall  be  assessed  as  a 
part  of  the  cost  of  constructing  sewer.^,  and  upon  such  part 
of  a  sewer  district  as  the  said  commissioner  of  city  works  may 
designate  as  benefited  thereby. 

?*  39.  The  said  commissioner  shall'proceed  to  lay  out  as 
many  additional  sewer  districts  as  may  be  required  in  view 
of  the  effectual  drainage  of  said  city  ;  each  of  said  districts 
to  consist  of  a  main  or  principal  sewer,  having  its  outlet  in 
the  river  or  bay,  or  other  proper  place  or  outlet,  and  a  fall, 
branches  of  such  main  sewer  and  the  collateral  or  inferior 
sewer  running  into  such  main  or  principal  sewer  ;  and  the 
said  districts  shall  each  be  so  arranged  as  to  be  independent 
of  each  other  as  far  as  may  be  practicable  :  and  when  such 
districts  are  arranged,  notice  of  the  same  shall  be  advertised 
for  the  correction  and  review,  as  provided  in  this  title. 
After  such  districts  shall  have  been  finally  arranged  and  ap- 
proved, and  the  plans  thereof  duly  filed  in  the  manner  provided 
in  section  twenty-six  of  this  title,  the  said  commissioner  of 
city  works  may  proceed  after  the  lapse  of  sixty  days,  by  and 
with  the  consent  of  the  common  council,  to  construct  any 
pari  of  the  work  required  to  be  done  in  such  sewer  district. 
During  the  sixty  days  after  the  filing  of  such  plan,  as  re- 
quired by  this  title,  the  mayor  of  said  city,  upon  the  appli- 
cation of  a  majority  of  the  owners  of  lands  within  such  sewer 
district,  may  prohibit  the  said  commissioner  of  city  works 
from  proceeding  with  the  construction  of  the  whole  or  any 
part  of  the  sewers  in  such  sewer  district :  and  thereupon  all 
power  on  the  part  of  said  commissioner  of  city  works  to  pro- 
ceed with  the  construction  of  the  sewer  or  sewers  specified  in 
such  prohibition  shall  cease  and  determine  until  such  pro- 
hibition shall  be  withdrawn. 

§  40.»  Mistakes  in  any  assessment  list  for  sewers,  and  sub- 
sequent proceedings  thereon,  in  the  designation  of  any  land 
or  owner  thereon  assessed,  shall  not  vitiate  the  assessment, 
prorided  the  said  commissioner  of  city  works,  before  the 


Department  of  Buildings.  258 


Title  XV; 


proceeding  for  a  sale  to  collect  such  assessment,  shall,  on  a 
notice  of  ten  days,  serve*  upon  or  at  the  residence  or  place  of 
business  of  the  owner  or  legal  representative,  and  published 
daily  in  the  corporation  newspapers  of  said  city,  correct  such 
mistakes,  and  he  is  hereby  authorized,  upon  such  notice,  to 
make  such  correction  ;  and  wheri)  any  assessment  is  void  for 
any  defect  or  irregularity,  the  owner  and  property  affected 
may  be  re-assessed  for  such  improvement,  in  tne  mode  and 
with  tbe  effect  pre'cribed  for  the  original  assessment  author- 
ized for  the  construction  of  sewers. 

§  41.  The  said  commissioner  of  city  works  shall  use  and 
refer  to  the  ward  maps  kept  in  the  department  of  assessment, 
for  the  description  of  lands  to  be  assessed  for  tbe  cost  of 
making  any  sewer;  and  it  shall  be  a  sufficient  description  of 
any  lands  in  the  proceedings  for  any  assessment  to  give  the 
name  or  number  of  the  ward  and  the  number  of  the  lot  so 
assessed  as  appearing  upon  the  ward  map,  together  with  the 
name  of  the  street  or  avenue  upon  which  it  is  situated,  and 
also  the  street  number  where  known,  and  stating  also  upon 
Avhich  side  of  the  street  such  lot  is  and  the  names  of  the 
next  adjoining  streets,  avenues  or  places  which  intersect  the 
street  upon  which  said  lot  is  situated  and  form  the  block. 
Before  any  assessment  laid  for  the  construction  of  sewers 
shall  be  finally  certified  by  the  said  commissioner  of  city 
works  to  the  common  council  to  be  complete,  he  shall  care- 
fully examine,  correct  and  perfect  the  same,  and  no  other 
certificate  shall  be  necessary  to  authorize  the  common  coun- 
cil to  issue  a  warrant  for  the  collection  of  the  assessments. 
All  legal  proceedings  authorized  or  required  by  this  title 
shall  be  conducted  by  or  under  the  direction  of  the  depart- 
ment of  law,  and  no  compensation  shall  be  paid  therefor  to 
any  officer  of  said  department. 

§  42.  The  said  commissioner  may  prescribe  regulations  for 
the  use  of  the  said  sewers,  may  license  persons  to  open  the 
same,  and  may  prescribe  a  fee  for  opening  and  making  a  con- 
nectiim  with  any  sewer,  to  be  paid  to  the  said  commissioner, 
and  by  him  to  be  paid  to  the  treasurer  of  the  said  city. 


*So  in  origiual. 


Title  XV. 


259  Department  of  City  Works. 


§  43.  All  provisions  of  law  creating  civil  and  criminal  lia- 
bilities for  wrongs  and  injuries  done  to  the  Brooklyn  water 
works  and  providing  remedies  for  the  redress  thereof,  and 
the  prosecution  and  punishment  of  persons  committing  the 
same  shall  apply  in  like  manner  and  extent  to  wrongs  and 
and  injuries  done  to  sewers  in  the  said  city. 

§  44.  AVhenever  it  shall  become  necessary  to  construct  a 
sewer  or  drain  in  any  street  or  avenue  for  the  purpose  of  pre- 
venting damage  to  property  or  to  abate  a  nuisance,  and  it 
shall  have  become  impracticable  to  proceed  immediately  to  the 
construction  of  the  same  in  accordance  with  any  plan  already 
adopted  by  the  commissioner  of  the  department  of  city  works, 
for  the  drainage  district  in  which  such  streets  are  situated, 
by  reason  of  any  street  therein  not  having  been  graded, 
thereupon  at  the  request  of  the  common  council  of  said  city, 
the  s:iid  commissioner  shall  have  power  to  construct  a  tem- 
porary sewer  or  drain  in  such  manner  as  to  avoid  such 
damage  or  abate  such  nuisance  ;  and  the  cost  of  said  tempo- 
rary sewer  or  drain  shall  be  assessed  upon  the  property 
draining  into  the  same  and  benefited  thereby.  The  assess- 
ment for  such  temporary  sewers  shall  be  imposed,  levied  and 
collected  in  the  manner  provided  in  this  act  for  the  assess- 
ment and  collection  of  assessm.  nts  for  the  construction  of 
sewers. 

?  45.  Permits  for  the  construction  of  sewers  in  the  streets 
or  avenues  of  said  city  by  private  property  owners  shall  only 
be  granted  upon  the  parties  proposing  to  construct  such 
^ sewer  first  tiling  with  the  commissioner  of  city  works  of  the 
City  of  Brooklyn,  plans  and  specifications  of  such  proposed 
sewer,  to  conform  to  the  general  plan  for  the  c  onstruction  of 
public  sewers  in  said  cit}^  on  file  in  the  department  of  city 
works,  and  a  duplicate  copy  of  the  contract  for  the  construc- 
tion of  such  sewer,  showing  the  cost  of  the  construction  thereof, 
to  be  approved  by  the  commissioner  of  city  works  of  the  City 
of  Brooklyn ;  together  with  a  satisfactory  guarantee  to  said 
commissioner  for  the  payment  of  the  necessary  expense  of 
the  said  department  cf  city  works,  in  the  supervision  of  the 
construction  of  said  sewer.  And  upon  approval  of  such  plans, 
specifications  and  contracts,  the  said  commissioner  of  city; 


Department  of  City  Works.  2Gu 


Title  XV. 


works  of  tbe  City  of  Brooklyn  shall  issue  his  permit  for  the 
construction  of  such  proposed  sewer  and  shall  proceed  to  ap- 
portion the  cost  of  the  construction  of  said  sewer  according 
to  actual  bent>fit  between  the  several  parcels  of  property  abut- 
imfs;  on  each  side  of  that  part  of  the  street  or  avenue  throuf^h 
which  said  sewer  shall  be  constructed,  and  the  said  commis- 
sioner of  city  works  of  the  City  of  Brooklyn  shall  only  grant 
permits  for  connection  with  said  sewer,  to  be  constructed  as 
aforesaid,  to  such  owners  or  occupants  of  the  property  abut- 
ting on  that  part  of  such  street  or  avenu«  through  which  said 
sewer  shall  be  constructed  as  shall  produce  to  said  commis 
sioner  of  city  works  satisfactory  proof  of  the  payment  by  him 
or  them  to  the  parties  who  constructed  and  paid  for  such 
sewer,  of  the  amount  of  the  proportionate  i)ait  of  the  cost  of 
the  construction  of  said  sewer  apportioned  as  aforesaid  to 
the  property  sougljt  to  be  connectt'd  with  said  sewer,  and  no 
permit  shall  be  is-<ue<l  for,  nor  shall  any  connection  be  al- 
lowed with  said  sewer,  nor  with  any  sewer  heretofore  con- 
structed bv  tliH  owners  of  the  abuttiii«i:  proportv  by  private 
contract  from  any  abutting'  propertv  until  tli^  jn-oportionate 
pnrt  of  tbe  expense  of  tlie  construction  of  such  sewer  shall 
have  been  paid  to  the  parties  entitled  thereto  by  the 
owners  of  such  abutting  property,  and  satisfactory  proof 
thereof  made  to  said  commissicmer  of  the  department  of  city 
works  of  the  City  of  Brooklyn.  And  w^iien  constructed,  ex- 
cept for  the  purpose  of  supervision,  maintenance  and  use  by 
tbe  City  of  Brooklyn  in  connection  with  its  public  sewer  sys- 
tem, said  sewer  shall  be  deeiued  the  private  property  of  the 
persons  who  shall  have  paid  for  its  construction  until  the 
owners  of  all  the  propertv  abutting  on  that  part  of  the  street 
or  avenue  in  w^hich  said  sewer  shnll  be  lai-i,  shall  have  paid 
their  sevf-rHl  shares  of  the  cost  of  the  construction  of  said 
sewer,  but  when  the  samH  shall  have  been  fully  paid  for  b}' 
all  the  owners  of  abutting  property,  then  the  same  shall  be 
the  property  of  tlie  City  of  Brooklyn,  and  deemed  to  have 
beei  fully  dedicated  to  said  city. 

§  46.  Whenever  it  shall  become  nec«.ssary  to  raise  the 
grade  of  any  street  or  stieets  for  tlie  proj^er  sewerage  of  the 
sewer  district  in  which  said  street  ur  streets,  or  parts  of 


Title  XV. 


261  Department  of  City  Works. 


streets  are  situated,  the  said  commissioner  is  hereby  author- 
ized and  empowered  to  re-grade  and  re-pave  said  streets  or 
parts  of  streets  so  far  as  shall  be  necessary  for  the  proper 
drainage  thereof,  and  the  expense  of  such  re-grading  and 
paving  shall  be  chargeable  and  included  in  the  assessment 
laid  for  the  sewering  of  said  district  for  the  construction  of 
the  sewer  thereof. 

§  47.  The  board  of  estimate  for  the  County  of  Kings  and 
City  of  Brooklyn  shall,  in  the  year  preceding  the  expiration 
of  any  existing  contract  for  cleaning  the  streets  of  the  City 
of  Brooklyn,  and  every  three  years  thereafter,  estimate  the 
amounts  required  to  be  expended  each  year  during  the  next 
succeeding  three  years,  commencing  on  the  first  day  of  April, 
after  such  estimate,  for  the  purpose  of  cleaning  the  streets, 
avenues,  alleys  and  public  places  of  the  City  of  Brooklyn, 
and  renjoving  ashes  therefrom,  and  shall  present  the  same 
with  their  annual  report  to  the  common  council  of  said  city. 
Upon  the  expiration  of  any  existing  contract  for  cleaning  the 
streets  of  said  city,  and  every  tliree  years  thereafter,  the 
commissioner  of  city  works  of  said  city  is  hereby  authorized 
to  make  a  contract  in  the  manner  hereinafter  provided,  and 
in  the  name  of  the  City  of  Brooklyn,  with  some  responsible 
person  or  persons  for  cleaning  the  streets,  avenues,  alleys 
and  public  places  of  said  city,  and  removing  ashes  therefrom 
during  the  three  years  next  succeeding  the  date  of  the  ex- 
piration of  the  preceding  contract ;  provided,  however,  that 
the  contract  so  made  shall  not  involve  an  expenditure  during 
any  year  in  excess  of  the  amount  estimated  as  aforesaid,  as  re- 
quired to  be  expended  for  the  purposes  aforesaid  during  that 
year.  The  terras  and  conditions  of  the  contracts  authorized 
to  be  made  by  this  section  shall  be  fixed  in  specifications  to 
be  prepared  under  the  supervision  of  the  commissioner  of 
city  works,  which  specifications  shall  be  printed  and  filed  in 
said  department  before  proposals  are  invited.  The  specificar 
tions  shall  require  adequate  security  to  be  given  for  the  per- 
formance of  the  contract.  The  said  commissioner  of  city 
works  shall  advertise  in  the  said  corporation  newspapers  for 
ten  days,  for  proposals  to  perform  the  work  in  accordance 
with  the  specifications ;  each  proposal  must  be  accompanied 


Department  of  City  Works.  262  Title  XV. 

by  a  certified  clieck  on  a  solvent  banking  incorporation  in  the 
.city,  payable  to  the  order  of  the  comptroll'^r,  for  the  sum  of 
ten  thousand  dollars  From  the  proposals  so  received,  the 
said  commissioner  shall  select  the  lowest  bid,  provided 
adequate  security  be  tendered  and  given  for  the  efficient  and 
proper  performance  of  the  contract,  and  if  adequate  security 
shall  not  be  tendered  and  given,  as  aforesaid,  then  said  com- 
missioner shall  select  the  bid  of  the  lowest  bidder  who 
tenders  and  gives  adequate  security  for  the  performance  of 
the  contract :  or  if,  in  his  judgment,  the  acceptance  of  either 
proposal  woul  1  not  be  in  tbo  interest  of  the  city,  then  he 
shall  reject  tliem  all.  On  the  accept^ince  of  any  bid  by  the 
commissioner,  the  checks  of  the  unaccepted  bidders  shall  be 
returned  to  them,  and  upon  the  approval  of  the  proposal  of 
the  accepted  bidder  as  to  form  and  sureties  as  herein  pro- 
vided, an  I  within  sixty  daj's  after  he  shall  have  entered  upon 
the  perf(;rmance  of  his  contract,  thn  check  of  the  accepted 
bidder  shall  be  returned  to  him.  The  sureties  upon  all  such 
contracts  siiall  l)e  approved  by  the  Cv)mptr()ller,  and  all  such 
contracts  and  bonds  securing  the  same  shidl  be  approved  as 
to  form  l)y  the  corporation  counsel.  The  administration  of 
the  contract  shall  be  under  the  direction  and  supervision  of 
the  commissioner  of  city  works.  Whenever  a  sworn  petition, 
signed  by  fifteen  or  more  taxpayers  of  said  city,  shall  be 
fil-^d  in  the  department  of  city  works,  alleging  that  any  con- 
tractor has  failnd  in  the  performaiice  ot  any  of  the  require- 
ments of  contract  upon  his  part  to  be  kept  and  performed, 
and  also  alleging  in  what  particulirs  he  ha.s  so  fail -<],  the 
commissioner  of  city  works  fslinll  investigate  the  charges 
contained  in  said  petition,  and  if,  after  hearing  any  contrac- 
tor, he  shall  find  that  the  contractor  has  failed  to  perform 
his  contract  in  any  of  the  particulars  specified,  he  may,  with 
the  consent  of  the  mayor,  terminate  the  contract,  and  the 
finding  of  the  commissioner  of  city  works  in  that  behalf 
after  the  confirmation  thereof  by  the  mayor,  shall  be  final 
and  conclusive,  and  the  said  commissioner  shall  proceed  to 
make  another  contract  for  the  unexpired  term  of  the  contract 
so  terminated,  and  the  contractor  and  his  sureties  shall  re- 
main liable  to  the  sai  I  city  for  the  damages  it  sustains  by 
reason  of  his  failui-e  to  perfortn  the  requirements  of  the  con- 


Title  XV. 


263  Department  of  City  Works. 


tract  so  terminated.  The  commissioner  of  the  department  of 
city  works  shaU  have  powier  to  cause  the  streets,  avenues,  alleys 
and  public  places  of  said  city  to  be  cleaned,  and  the  ashes  to 
be  removed  therefrom  during  such  times  as  a  contract  for 
the  performance  of  such  work  is  not  in  force,  and  the  expense 
of  the  work  shall  be  paid  out  of  the  funds  raised  for  the 
purpose  aforesaid. 

Chap.  314,  Laws  of  1894. 

See  Ch.  247,  Laws  o  i  1891. 

§  48.  The  expense  of  repairing  the  streets  of  said  city 
shall  be  a  j^^eneral  city  charge ;  and  the  commissioner  of  city 
works  shall  have  exclusive  power  in  relation  to  the  repairing 
of  streets,  but  in  no  one  year  shall  such  expense  exceed  the 
amount  raised  for  that  purpose  in  the  general  tax  levy. 
(See  Ch.  371,  Laws  of  1889.) 

§  49.  Whenever  the  said  commissioner  of  city  works  shall 
deem  it  necessary  to  alter  or  change  the  plan-  of  drainage 
and  sewerage  in  any  district  where  the  same  has  been  estab- 
lished as  the  permanent  plan  of  sewerage  in  such  district,  it 
shall  be  lawful  for  the  said  commissioner  to  prepare  a  plan 
of  such  proposed  alteration  and  change,  and  proceed  in  rela- 
tion thereto  in  the  same  manner  as  provided  by  law  for  the 
establishment  of  the  original  plan,  and,  when  established, 
file  copies  of  such  altered  plan  in  the  department  of  city 
works  of  said  city,  and  in  the  office  of  the  register  of  the 
County  of  Kings,  and  thereupon  such  alteration  shall  be 
established  as  a  part  of  the  permanent  plan  of  sewerage  of 
the  city. 

§  50.  The  said  board  of  estimate  shall  each  year  include  in 
their  estimate  of  the  amount  required  to  be  raised  for  city 
purposes  the  amount  necessary  to  meet  during  the  year  any 
existing  contract  for  the  cleaning  of  streets,  and  also  the 
proper  proportionate  amount  of  the  sums  estimated  as  re- 
quired to  be  expended  under  the  provisions  of  section  forty- 
six  of  this  title,  and  also  such  an  amount  as  they  may  deem 
necessary  and  proper  for  the  purpose  of  repairing  and  also 
improving  the  condition  of  the  streets  and  avenues  of  the 
city  by  repaving  the  same,  and  the  amount  included  in  the 


Department  of  City  Works.  264 


Title  XV. 


annual  tax  levy  of  the  city  for  the  purpose  of  repaying  shall 
be  expended  by  the  commissioner  of  city  works,  with  the 
consent  and  approval  of  the  mayor,  in  repaving  any  street  or 
avenue  of  the  city,  or  portion  thereof,  with  granite  blocks  or 
Belgian  pavement;  provided,  however,  that  no  street  or 
avenue  over  or  through  which  a  raih*oad  is  operated  shall  be 
80  repaved  imless  the  owner  or  owners  of  the  franchise  of 
such  railroad  shall  first  contribute  a  just  and  reasonable 
proportion  of  the  expense  thereof,  to  be  determined  by  the 
commissioner  of  city  works. 

^  51.  The  exercise  of  the.  powers  vested  in  the  commis- 
sioner of  city  works  shall  be  under  the  direction  and  control 
of  the  common  council;  provided,  however,  that  after  a 
contract  for  an  improvement  has  been  entered  into  by  the 
said  commissioner,  the  execution  of  the  work  shall  be  under 
the  sole  control  of  the  said  commissioner,  and  nothing  here- 
in contained  shall  be  construed  as  conferring  on  the  common 
council  any  of  the  executive  powers  vested  by  law  in  the  said 
commissioner,  concerning  the  details  of  carrying  on  any 
improvement. 


I 


TITLE  XVI. 

DEPARTMENT    OF  PARKS. 

Section  1.  The  terms  of  office  of  the  present  commissioners 
of  the  department  of  parks  shall  cease  and  terminate  upon 
the  appointment  and  qualification  of  the  commissioner  as 
hereinafter  provided.  The  head  of  the  department  of  parks 
shall  be  the  commissioner  of  parks.  His  salary  shall  be  five 
thousand  dollars  a  year.  The  mayor  shall  forthwith  appoint 
a  commissioner  of  parks  who  shall  hold  office  until  tue  first 
day  of  February,  eighteen  hundred  and  ninety-four,  and 
during  the  thirty  days  next  preceding  the  expiration  of  the 
term  of  said  commissioner  the  mayor  shall  appoint  the  suc- 
cessor of  said  commissioner,  and  every  two  years  thereafter, 
during  the  month  of  January,  the  mayor  shall  appoint  a  com- 
missioner of  parks,  and  the  term  of  office  of  each  commis- 
sioner so  successively  appointed  shall  be  for  two  years  from 
the  first  day  of  February  next  succeeding  his  appointn  ent. 
Whenever  a  vacancy  shall  occur  in  the  said  office,  the  mayor 
shall  fill  such  vacancy,  but  only  for  the  unexpired  term.  All 
the  provisions  of  this  title  shall  apply  to  the  commissioner  of 
parks,  and  all  the  rights,  powers  and  duties  vested  in  and 
charged  upon  the  department  of  parks,  the  commissioner  of 
parks  or  park  commissioners,  or  the  president  of  the  depart- 
ment of  parks,  by  this  title  or  by  any  statute  or  ordinance, 
are  hereby  vested  in  and  charged  upon  the  said  commissioner 
of  parks.  The  said  commissioner  shall  have  power  to  ap- 
point a  deputy  commissioner  of  parks  and  to  fix  his  salary. 
The  salary  of  the  commissioner  of  parks  first  appointed  pur- 
suant to  the  provisions  of  this  section,  and  the  salar}^  of 
the  deputy  appointed  by  him  shall,  if  there  be  no  other 
fund  available,  be  paid  out  of  the  revenue  fund  of  the  City 
of  Brooklyn  until  such  time  as  provision  can  be  made  for 
the  same  in  the  annual  tax  levy. 

Chap.  49,  Laws  of  1892. 

(See  Chap.  341,  Laws  of  1889.) 

§■2.  The  said  department  of  parks  shall  have  the  exclusive 
government,  management  and  control,  subject,  however,  to 


Department  of  Parks.  266 


Title  XVL 


the  laws  of  the  State  and  to  the  powers  of  the  common 
council  in  relation  thereto,  of  all  the  parks,  squares,  park- 
ways and  public  places  in'^the  city  :  and  full  and  exclusive 
power  to  govern  and  manage  the  Ocean  parkway  from  the 
circle  at  the  southwesterly  angle  of  Prospect  park  to  the 
ocean,  and  direct  the  public  use  thereof,  as  also  the  circle 
and  concourse  at  either  terminus,  and  of  such  parts  of  the 
several  roads,  streets  or  avenues  as  run  through  or  intersect 
the  same,  and  to  pass  and  enforce  laws  and  ordinances  for 
the  proper  use,  regulation  and  government  thereof,  and  for 
all  the  purposes  of  such  government,  management  and  direc- 
tion of  public  use,  such  parts  of  said  roads  or  avenues  as 
pass  through  or  intersect  said  circles,  shall  be  deemed  to  be 
a  part  of  Prospect  park,  and  it  shall  be  under  like  control 
and  management  as  said  parkway,  and  the  maintenance  of 
said  Ocean  parkway  and  concourse  shall  be  a  charge  upon 
the  City  of  Brooklyn.  And  the  said  department  of  parks 
shall  have,  subject  to  the  limitation  aforesaid,  full  and  ex- 
clusive power  : 

1.  To  lay  out,  regulate,  improve  and  maintain  the  public 
parks  of  said  city,  and  Ocean  parkway  and  the  concourse 
aforesaid,  and  to  govern,  manage  and  direct  the  same  and 
the  public  use  thereof. 

2.  To  make  ordinances,  rules  and  regulations  for  their, 
proper  management  and  government. 

3.  To  appoint  such  engineers,  surveyors,  clerks  and  other 
oflflcers  and  such  police  force  as  they  may  deem  expedient, 
and  to  prescribe  and  define  their  respective  duties  and 
authority ;  and  to  fix  and  regulate  tne  compensation  to  be 
paid  to  the  several  persons  so  to  be  emyloyed  by  them. 

4.  To  locate,  erect  and  maintain  fountains  on  the  said 
parks,  or  either  of  them,  as  well  as  upon  the  streets  and 
avenues  which  form  the  boundaries  thereof  or  intersect  the 
same ;  to  erect  and  maintain  iron  and  other  fences  around 
the  said  parks ;  to  flag  and  reflag  the  sidewalks  of  said 
streets,  roads  or  avenues  on  the  side  which  is  adjacent  to  the 
said  parks ;  to  increase  the  width  thereof,  and  to  set  and  re- 
set curb  and  gutter  stones,  shade  trees  and  lamp  posts 
thereon. 


Title  XVI.  267  Department  of  Parks. 

5.  To  determine  the  particular  location  of  any  railroad 
track  which  is  now  or  may  be  hereafter  placed  upon  such 
road,  street  or  avenue. 

6.  To  seize  and  impound  any  cattle,  sheep,  swine,  goats, 
horses,  geese  or  other  animals  found  running  at  large  upon 
any  of  the  public  parks  of  the  City  of  Brooklyn ;  to  impose  a 
penalty  not  exceeding  five  dollars,  with  reasonable  expenses, 
upon  anj^  animal  so  seized,  and  to  enforce  the  payment 
thereof  in  such  a  manner  as  they  shall  by  ordinance  direct. 

7.  To  let  from  year  to  year  any  buildings  and  the  ground 
attached  thereto  belonging  to  the  City  of  Brooklyn  which 
may  be  wdthin  the  limits  of  Prospect  Park  until  the  same 
shall  be  required  for  public  use. 

S.  To  selljany  buildings,  improvements  or  materials  with- 
in the  limits  of  the  said  last  mentioned  park  and  belonging 
to  said  city  which  in  the  judgment  of  said  department  shall 
not  be  required  for  the  purposes  of  said  park  or  for  public 
use,  and  the  proceeds  of  such  sales  shall  be  deposited  with 
the  city  treasurer  to  the  credit  of  the  department  and  de- 
voted to  the  improvement  of  said  Prospect  Park. 

9.  They  may  also  in  the  name  of  the  city,  or  of  the  said 
department,  at  their  option,  bring  any  action  which  they  may 
deem  proper,  to  recover  damages  for  the  breach  of  any 
agreement,  express  or  implied,  relating  to  or  growing  out  of 
the  management  or  improvement  of  the  said  parks  or  other 
places,  terrritory  or  streets  under  their  control,  for  penalties 
for  the  violation  of  any  ordinance  :  or  for  injuries  to  personal 
or  real^property  appertaining  to  the  said  parks,  places,  terri- 
tory or  streets,  and  to  recover  the  possesion  of  any  such 
property.  The  said  department  shall  have  charge  and  manage- 
ment for^the  purposes  of  police  and  improvement  of  the  land 
in  the  town'of  Flatbush,  in  the  County  of  Kings,  taken  pur- 
suant to  statute,  for  a  parade  ground  for  the  County  of 
Kings.  And  all  ordinances  or  rules  which  said  department 
shall  at  any  time  adopt  for  the  regulation,  use  and  manage- 
ment of  the  said  parks  shall  immediately  thereafter  be  pub- 
lished  for  at  least  ten  days  in  two  daily  newspapers  printed 
_  in  said  city. 

(See  Ch.  475,  Law  of  1888,  in  relation  to  police  force.) 
See  Ch._384,  Law  1888. 


Department  of  Parks.  268 


Titie  XVI. 


§  3.  All  moneys  received  by  said  depaitment  shall  be 
forthwith  paid  into  the  city  treasury,  and  all  expenditures 
relating  to  the  several  parks,  squares  and  parkways  and  pub- 
He  places  of  the  city  and  other  avenues  and  places  under 
the  control  of  said  department  shall  be  provided  for  in  the 
same  manner  as  the  expenditures  of  other  departments  are 
provided  for,  and  shall  be  paid  from  the  city  treasury  when 
required,  under  the  same  rules  and  regulations  governing 
the  expenditures  of  other  depai'tments. 

^  4.  The  said  depai'tment  shall,  in  the  month  of  January 
of  every  year*,  make  and  render  to  the  common  council  of  the 
said  city  a  full  report  of  their  proceedings  during  the  preced- 
ing year,  with  a  detailed  statement  of  their  receipts  and 
expenditur-es. 

§  5.  It  shall  be  a  misdemeanor,  punishable  by  fine  and 
imprisonment,  for  any  commissioner  to  be  in  any  way,  di- 
rectly or  indirectly  interested  in  any  contract  for  services  to 
be  rendered  or  materials  to  be  fiu'nished  for  or  on  account  of 
the  said  parks,  or  either  of  them. 

§  6.  None  of  the  said  commissioners,  nor  any  person, 
whether  in  the  employ  of  said  department  or  otherwise, 
shall  have  the  power  to  create  any  debt,  obhgation,  claim  or 
liabihty  for  or  on  account  of  said  depsirtment,  or  the  mon- 
eys or  property  under  his  control,  except  with  the  express 
authority  of  said  department,  conferred  at  a  meeting  thereof 
duly  convened  and  held. 

§  7.  All  persons  offending  against  such  ordinances,  as  shall 
be  adopted  by  the  said  department,  pursuant  to  the  author- 
ity conferTed  by  this  title,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  punished  on  conviction  before  any 
court  of  competent  jurisdiction  in  the  County  of  Kings,  by  a 
fine  not  exceeding  fifty  dollars  ;  and  in  default  of  payment, 
by  imprisonment  not  exceeding  thir-ty  days. 

§  8.  All  tracts,  pieces  or  parcels  of  land  which  have  been 
acquijed  by  the  City  of  Brooklyn  for  use  as  parks  for  said 
city  or  for  a  parade  groimd  for  the  County  of  Kings,  pursu- 
ant to  any  statute  heretofore  enacted,  or  otherwise,  are  here^ 
by  declared  to  be  public  places. 


Title  XVI. 


269  Department  of  Park. 


?  9.  In  order  to  pay  the  interest  upon  the  bonds  issued  by 
the  City  of  Brooklyn,  to  raise  money  for  the  purposes  of 
Prospect  Park,  there  shall  be  added  to  the  general  tax  for 
the  City  of  Brooklyn  at  large,  yearly,  and  levied  and  col- 
lected therein  as  hereinafter  specified,  such  sum  of  money  in 
each  of  said  years  as  shall  be  sufficient  to  pay  the  interest 
upon  such  bonds,  and  from  and  after  the  passage  of  this  act 
there  shall  be  added  to  the  general  tax  for  the  City  of  Brook- 
lyn at  large,  and  levied  and  collected  as  aforesaid,  in  addi- 
tion to  any  amount  so  required  to  pay  the  interest  upon  said 
bonds,  a  sum  equal  to  one-half  of  one  per  centum  upon  the 
total  amount  of  such  bonds  :  and  from  and  after  the  year 
one  thousand  eight  hundred  and  ninety,  there  shall  be  in 
like  manner  levied  and  collected  in  each  year,  and  in  addi- 
tion to  the  amount  required  to  pay  the  interest  aforesaid,  a 
sum  equal  to  one  per  centum  upon  the  total  amount  of  such 
bonds  :  and  from  and  after  the  year  eighteen  hundred  and 
ninety-five,  there  shall  be  in  like  manner  annually  levied  and 
collected,  in  addition  to  the  interest  aforesaid,  a  sum  which 
together  with  the  amounts  above  required  to  be  levied  and 
collected,  and  the  accumulations  thereof,  will,  with  its 
accumulations,  be  adequate  to  pay  and  discharge  the  said 
bonds  upon  the  maturity  thereof  ;  which  said  several  sums 
shall  be  from  time  to  time,  and  in  each  year,  paid  over  to  the 
commissioners  of  the  sinking  fund  of  the  City  of  Brooklyn, 
to  be  held  and  managed  by  them,  and  shall  be  applied  to  the 
payment  of  the  interest  upon  said  bonds  as  it  shall  become 
payable,  and  to  the  full  and  final  redemption  of  said  bonds,  and 
for  no  other  purpose.  And  it  shall  be  the  duty  of  the  mayor 
and  comptroller  of  the  said  city  to  estimate  and  ascertain  the 
amounts  required  to  be  so  added  to  the  general  tax  by  virtue  of 
this  section,  and  to  transmit  a  statement  of  the  same  in  each 
year  to  the  boai'd  of  estimate  in  time  to  have  such  amount 
included  in  the  general  tax  of  said  city  for  that  year  :  and 
such  amount  shall  be  included  in  such  general  tax.  And  in 
making  the  levy  of  taxes  in  this  section  prescribed,  the  same 
shall  be  so  apportioned  and  levied  as  that  all  sums  of  money 
which  shall  be  levied  for  the  purpose  of  paying  principal  and 
interest  of  the  bonds  which  may  have  been  issued  on  ac- 


Department  of  Parks.  270 


Title  XVL 


count  of  the  purchase,  improvement  and  ornamentation  of 
the  lands  comprising  the  said  Prospect  Park,  shall  be  levied 
and  collected  exclusively  upon  and  from  the  taxable  property 
within  that  portion  of  said  city  now  composing  the  first, 
second,  third,  fourth,  fifth,  sixth,  seventh,  eighth,  ninth, 
tenth,  eleventh,  twelfth,  twentieth,  twenty-first,  twenty- 
second,  twenty -third,  twenty-fourth  and  twenty-fifth  wai'ds 
thereof. 

§  10.  The  commissioners  of  the  department  of  parks  are 
hereby  authorized  and  directed  to  contract  and  sell  at  public 
auction,  for  and  on  account  of  the  City  of  Brooklyn,  at  such 
times  and  on  such  terms  and  conditions  as  they  shall  deem 
expedient,  all  or  any  part  of  the  land  within  Prospect  Park, 
which  is  bounded  westerly  by  Flatbush  avenue,  northerly  by 
Vanderbilt  avenue  and  the  plaza,  easterly  by  Warren  street 
and  Washington  avenue,  and  southerly  by  the  town  of  Flat- 
bush,  excepting  and  reserving  therefrom  so  much  of  said 
park  lands  as  lie  outside  of  the  reservoir  grounds  and  ad- 
jacent thereto,  and  is  bounded  and  described  as  follows: 
Bejrinning  at  a  point  on  the  northeasterly  side  of  Flatbush 
avenue,  where  it  is  intersected  by  a  line  drawn  parallel  with 
and  seven  feet  and  three  inches  easterly  from  the  westerly 
side  of  Underbill  avenue,  as  said  avenue  was  formerly  laid 
down  on  the  commissioners'  map  of  the  City  of  Brooklj'n; 
thence  northerly  along  said  line  until  it  intersects  the  south- 
westerly line  of  the  Eastern  Parkway  as  laid  out  by  the  park 
commissioners,  in  accordance  with  the  plan  now  on  file  in  the 
ofi&ce  of  the  department  of  city  works  of  the  said  city  ;  run- 
ning thence  easterly  along  the  said  southeasterly  line  of  said 
parkway  until  it  intersects  the  easterly  line  of  Grand  avenue, 
as  said  avenue  was  formerly  laid  down  on  said  commission- 
ers' map  ;  running  thence  southerly  along  said  easterly  line 
of  Grand  avenue  about  three  hundred  and  eighty-six  feet ; 
thence  westerly  on  a  line  drawn  at  right  angles  to  Flatbush 
avenue,  until  it  intersects  the  centre  of  President  street,[aa 
said  street  was  formerly  laid  down  on  the  commissioners* 
map  ;  thence  westerly  along  said  centre  of  President  street 
untU  it  intersects  the  northeasterly  Line  of  Flatbush  avenue, 
and  thence  northwesterly  along  said  easterly  side  of  Flat- 


Title  XVI. 


271  Department  of  Parks. 


bush  avenue  to  the  place  of  beginning.  Excepting  and  re- 
serving also  so  much  of  said  land  lying  along  the  line  of 
Flatbush  avenue  and  fronting  thereon,  running  southerly 
from  the  Prospect  hill  reservoir  to  the  town  of  Flatbush,  not 
less  than  two  hundred  and  fifty  feet  in  width,  as  shall  in  the 
judgment  of  the  said  department  be  proper  for  the  city  to 
retain  for  public  uses.  And  for  the  purpose  of  determining 
the  value  of  the  land  so  reserved  for  the  purposes  of  the  said 
reservoir,  the  said  department  of  parks  and  the  department 
of  city  worts  of  said  city  shall,  within  three  months  after 
the  j)assage  of  this  act,  or  within  such  further  time  as  shall 
be  agreed  upon  by  them,  come  to  an  agreement  with 
respect  to  the  amount  to  be  paid  by  said  city  for 
the  land  so  to  be  reserved  for  reservoir  purposes ; 
and  if  they  disagree,  then  each  of  the  said  parties 
shall  select  a  disinterested  person,  and  the  two  so  selected 
shall  choose  a  third,  and  the  decision  of  the  three  referees  so 
chosen,  or  a  majority  of  them,  shall  be  final  and  conclusive  as 
to  the  amount  so  to  be  paid.  The  amount  so  agreed  upon 
shall  be  paid  to  the  commissioners  of  the  sinking  fund  of 
said  city,  to  be  applied  in  the  redemption  of  bonds  for  the 
purchase  of  park  lands.  For  any  lands  which  the  said 
department  shall  sell  they  ma}^  receive  in  part  payment  the 
bonds  of  the  purchasers  for  such  portion  of  the  purchase 
money  secured  by  mortgage  on  the  lands  sold  as  they  may 
deem  expedient.  And  whenever  any  such  sales  shall  have 
been  made,  the  mayor,  comptroller,  and  clerk  of  the  City  of 
Brooklyn  shall,  at  the  request  of  the  said  department,  affix 
the  corporate  seal  to  good  and  sufficient  deeds  of  conveyance, 
with  or  without  covenants  of  warranty,  and  such  other  cove- 
nants as  the  said  department  shall  from  time  to  time  require 
and  prepare ;  and  the  said  department  shall  cause  the  said 
deeds  to  be  delivered  to  the  respective  purchasers  upon  the 
receipt  of  the  consideration  stipulated  to  be  paid  therefor. 
All  moneys  that  shall  be  received  by  the  said  depai-tment 
upon  such  sales,  after  deducting  the  necessary  expenses  of 
sale  and  conveyancing,  including,  engineering  and  surveying, 
and  the  amount  hereinafter  authorized  to  be  borrowed  with 
interest,  together  with  such  assessments  as  may  be  liens 


Department  of  Parks.  272 


Title  XVI. 


upon  the  lands  at  the  time  of  sale,  shall  be  paid  over  to  the 
commissioners  of  the  sinking  fund  of  the  City  of  Brooklyn, 
to  be  by  them  held  and  used  as  part  of  the  general  fund  for 
the  redemption  of  city  bonds  heretofore  issued  for  the  pay- 
ment of  lands  taken  for  the  said  park.  Preparatory  to  the 
making  of  the  sales  referred  to  in  this  section,  the  said 
department  may  regulate,  drain  and  grade  the  said  lands, 
and  may  lay  out  streets,  avenues,  or  parkways  over  or  upon 
the  same,  of  such  width  and  in  such  direction,  with  such 
carriageways,  sidewalks  and  areas  as  they  may  deem  expe 
dient.  They  may  also,  in  their  discretion,  grade,  pave  and 
gutter  any  of  the  streets,  avenues  or  parkways  which  they 
shall  so  lay  out,  and  may  plant  shade  trees  thereon  :  but  the 
expense  of  the  improvements  hereby  authorized  shall  not 
exceed  the  sum  of  two  hundred  thousand  dollars.  After 
they  shall  have  l  iid  out  such  streets,  avenues  and  parkways, 
they  shall  cause  a  suitable  map  thereof  to  be  made  and  filed 
in  the  office  of  the  said  department  of  city  works,  and  the 
commissioners'  map  of  said  city  shall  be  thereupon  altered  to 
coiTespond  therewith;  and  for  the  purpose  of  carrying  out 
the  provisions  of  this  act,  the  said  commissioners  of  the 
department  of  parks  may  borrow  from  time  to  time,  as  may 
be  required,  such  sums  of  money,  not  exceeding  the  amount 
above  limited,  as  they  may  deem  necessary,  and  shall  repay 
the  same,  with  interest,  out  of  the  proceeds  of  sales  to  be 
made  as  aforesaid.  It  shall  be  lawful  for  the  several  savings 
banks,  insurance  and  trust  companies  of  this  State  to  make 
mortgage  loans  upon  such  portions  of  Prospect  Park,  in  the 
City  of  Brooklyn,  as  the  commissioners  of  the  department  of 
parks  are  authorized  to  sell,  notwithstanding  any  lien  of 
bonds  issued  by  said  city,  for  the  purchase  and  improve- 
ment of  said  park;  provided,  however,  that  the  lands  so  to  be 
mortgaged  are  otherwise  unencumbered,  and  that  the  loans 
so  to  be  made  shall  not  exceed  the  amounts  which  such 
institutions  are  now  authorized  by  law  to  loan  on  real  estate. 
(See  Ch.  372,  Laws  of  1889,  and  Ch.  89,  Laws  of  1891.) 

§  11.  The  said  department  of  parks  may  at  any  time  agree 
with  the  Societies  of  Friends  for  the  purchase  of  the  property 
of  said  societies,  bounded  and  described  as  follows :  Begin- 


Title  XVI. 


•273  Department  of  Parks. 


ning  at  a  point  in  the  central  line  of  the  Eleventh  avenue, 
which  is  distant  one  hundred  and  twentj^-five  feet  northeast- 
erly from  the  intersection  of  said  central  line  with  the  north- 
easterly side  or  line  of  Fourteenth  street ;  running  thence 
northeasterly  along  said  central  line  of  said  avenue  five  hun- 
dred and  six  feet  and  eleven  inches  ;  thence  southeasterly  to  a 
point  on  the  northwesterly  side  of  the  Coney  Island  plank  road 
(formerly  so  called),  which  is  distant  two  feet  and  nine  inches 
southwesterly  from  Eleventh  street;  thence  southwesterly 
and  parallel  to  Eleventh  avenue  to  a  point  which  is  distant 
one  hundred  and  twenty-five  feet  northeasterly  from  Four- 
teenth street,  and  thence  northerly  parallel  to  Fourteenth 
street  to  the  place  of  beginning ;  or  any  part  thereof,  and  the 
valuation  of  the  same,  with  the  damages  the  said  Friends 
may  sustain  by  reason  of  their  removal  therefrom  ;  and  upon 
such  contract  being  reported  to  the  comptroller  by  the  said 
department,  with  a  proper  certificate  of  their  counsel  as  to 
title,  the  comptroller  is  hereby  authorized  to  pay  the  same, 
and  may  issue  such  additional  bonds  as  may  be  necessary  to 
complete  the  purchase  thereof,  in  the  same  way  and  subject 
to  the  same  redemption  as  other  bonds  directed  to  be  issued 
under  this  title.  And  whenever  the  said  purchase  shall  be 
completed  and  the  property  conveyed  to  the  city,  any  assess- 
ment that  may  have  been  laid  thereon  by  the  commis- 
sioners of  estimate  and  assessment  shall  be  canceled,  and  the 
said  property  shall  become  a  portion  of  Prospect  Park,  and 
be  under  the  exclusive  control  and  management  of  the  de- 
partment of  parks,  in  the  same  way  and  to  the  same  extent 
as  other  portions  of  the  said  park  now  are  or  may  at  any 
time  be.  Whenever  the  right  of  the  said  department  to  enter 
upon  that  portion  of  the  property  of  the  said  Society*  of 
Friends  hereby  authorized  to  be  taken  shall  be  perfected,  the 
said  department  shall  provide  and  open  a  suitable  and  suffi- 
ciently commodious  passageway,  at  least  twenty  feet  wide, 
from  Fifteenth  street  to  the  said*  cemetery,  for  the  common 
use  of  all  the  Societies  of  Friends,  occupying  the  same,  so 
long  as  they  shall  continue  to  use  it  as  a  cemetery  ;  and  no 
assessment  for  benefit  shall  be  levied  or  collected  upon  the 


*So  in  original. 


Department  of  Parks.  274 


Title  XVI. 


residue  of  the  property  now  used  as  a  cemetery,  so  long  as 
the  said  ground  shall  continue  to  be  a  cemetery  or  place  of 
interment. 

§  12.  Real  or  personal  property  ma}'  be  granted,  conveyed, 
devised  or  bequeathed  to  the  said  city,  for  the  improvement  or 
ornamentation  of  the  said  parks,  or  either  of  them  ;  or  for 
the  establishment  or  maintenance  within  their  limits  of  mu- 
seums, z  )ological  or  other  gardens,  collections  of  natural  his- 
tory, observatories  or  works  of  art,  upon  such  terms  and  con- 
ditions as  may  be  aj^reed  upon  by  and  between  the  grantors 
or  donors  thereof  and  the  said  departmewt.  But  all  property 
so  to  be  granted,  conveyed,  devised  or  bequeathed,  and  the 
rents,  issues  and  profits  thereof,  must  be  subject  to  the  man- 
agement and  control  of  the  said  department,  and  may  be 
improved  and  added  to  in  its  discretion ;  and  shall  be  pro- 
tected, preserved  and  arranged  by  the  said  department  for 
public  use  and  enjoyment,  under  such  rules  and  reguLitions 
as  the  said  department  shall  from  time  to  time  prescribe. 
Admissions  to  said  gardens  and  museums  may  be  either  free 
to  the  public,  or  upon  the  payment  of  such  sums  of  money 
as  the  department  may  determine  ;  and  all  income  to  be  de- 
rived from  such  admissions  shall  be  applied  to  the  improve- 
ment and  maintenance  of  such  gardens  and  museums,  or  of 
the  said  j^arks.  The  department  may  also  agree  for  the 
management  and  maintenance  of  any  of  the  said  gardens  or 
other  institutions  with  any  societj^  incorporated  or  to  be  in- 
corporated under  any  law  of  this  State ;  but  such  gardens  or 
other  institutions  shall  always  remain  subject  to  the  control 
of  the  said  department  of  parks. 

§  13.  No  railroad  constructed  or  to  be  constructed  on  Ocean 
avenue  or  on  Franklin  avenue,  westerly  of  the  westerly  limit 
of,  or  upon  or  across  the  circle  at  the  angle  of  Prospect  park 
(said  avenues  being  respectively  the  easterly  and  southerly 
boundaries  of  said  park),  shall  at  any  time  be  used  or  ope- 
rated with  any  other  motive  power  than  horses,  unless  the 
company  operating  such  road  or  roads  shall  have  received 
the  consent  to  a  change  of  motive  power,  of  the  common 
council  of  Brooklyn,  or  shall  hereafter  obtain  such  consent. 
(Ch.  442,  Laws  of  1892). 


Title  XVI. 


275 


Department  of  Parks. 


§  14.  No  buildings  or  other  erections,  except  porches, 
piazzas,  fences,  fountains  and  statuary,  shall  remain  or  be  at 
any  time  placed  upon  any  of  the  lots  fronting  upon  Eastern 
parkway,  from  Washington  avenue  easterly  to  the  southerly 
line  of  the  City  of  Brooklyn,  or  upon  President  or  Douglass 
streets,  from  New  York  avenue  easterly  to  said  city  line  with- 
in thirty  feet  from  the  line  or  sides  of  the  said  several  streets 
respectively.  The  intervening  spaces  of  land  on  each  side  of 
the  said  several  streets  shall  be  used  for  court  yards  only, 
and  may  be  planted  with  trees  and  shrubbery,  and  otherwise 
ornamented,  at  the  discretion  of  the  respective  owners  or  oc- 
cupants thereof.  And  no  building  now  standing,  or  that 
may  be  hereafter  erected  on  any  lot  fronting  or  to  front,  on 
either  Union  or  Degraw  streets,  easterly  from  New  York 
avenue  to  said  city  line,  shall  ever  be  used  for  any  purpose 
other  than  a  stable,  carriage  house,  conservatory  for  plants 
or  green-house ;  but  no  livery  or  railway  stable,  or  car  house, 
shall  at  any  time  be  erected,  or  maintained,  upon  any  of  the 
said  lots.  And  at  no  time  shall  there  be  erected,  established  or 
carried  on,  in  any  manner  whatever,  upon  any  lot  bounded 
by  either  of  said  streets,  any  slaughter  house,  tallow  chan- 
dlery, furnace,  foundry,  nail  or  other  factory,  or  any  manu- 
factory for  making  starch,  glue,  varnish,  vitriol,  oil  or  gas,  or 
for  tanning,  dressing,  repairing  or  keeping  skins,  hides  or 
leather,  or  any  distillery,  brewery  or  sugar  bakery,  lime  kiln, 
railway  or  other  stable,  or  depot,  or  any  other  manufactory, 
trade,  business  or  calling,  which  may  be  in  any  wise  danger 
ous,  noxious  or  offensive  to  the  neighboring  inhabitants. 

§  15.  No  buildings  or  other  erections,  except  porches, 
piazzas,  fences,  fountams  and  statuary  shall  remain  or  be  at 
any  time  placed  upon  Ocean  Parkway  within  thirty  feet  from 
the  outside  lines  thereof :  which  space  on  each  side  of  the 
said  avenue,  and  in  addition  thereto,  shall  be  used  for  court- 
yards only,  and  may  be  planted  with  trees  and  shubbery, 
and  otherwise  ornamented,  at  the  discretion  of  the  respec- 
tive owners  or  occupants  thereof ;  but  such  use  and  orna- 
mentation shall  be  under  the  direction  of  the  said  department 
of  parks. 

§  16.  No  railway  upon  which  steam  or  compressed  air 


Department  of  Parks.  276 


Title  XVI. 


shall  be  used,  or  is  or  shall  be  intended  to  be  used  as  a 
motive  power,  hereafter  constructed  across  Ocean  Parkway, 
in  any  of  the  towns  ia  the  County  of  Kings,  shall  be  con- 
structed on  the  same  grade  with  the  said  Ocean  Parkway,  but 
the  grade  of  every  such  railway  shall  be  constructed  either 
under  said  Ocean  Parkway  or  above  the  same  by  a  sufficient 
bridge  or  viaduct  :  and  when  constructed  above  said  Ocean 
Parkway  the  length  of  such  bridge  shall  be  the  full  \\idth  of 
the  graded  surface  of  said  parkway,  and  shall  be  elevated  so 
that  there  shall  be  an  open  space  of  at  least  fifteen  feet  in  the 
clear  above  the  grade  thereof ;  nor  shall  any  railway  upon 
which  steam  or  compressed  air  shall  be  used,  or  is,  or  shall 
be  authorized  or  intended  to  be  used  as  a  motive  power,  be 
constructed  or  operated  over  or  upon  the  concourse  at  the 
southerly  terminus  of  said  Ocean  Parkway ;  nor  shall  any 
horse  railroad  be  constructed  upon,  along  or  across  said 
Ocean  Parkway  or  the  concourse,  except  by  permission  of 
the  commissioners  of  the  department  of  parks,  and  in  ad- 
dition to  the  powers  now  possessed  by  said  department  in 
relation  to  said  Ocean  Parkway  and  concourse,  they  may  also 
b}'  ordinance  regulate  the  use  of  engines  so  that  no  steam 
shall  be  used  so  as  to  be  allowed  to  escape  therefrom  on  or 
over  said  parkway,  and  may  by  ordinance  prevent  or  regulate 
the  blowing  of  whistles  or  ringing  of  bells  by  any  locomotive 
or  other  engine  at  or  adjacent  to  said  parkway  or  concourse 
by  any  railroad  corporation.    It  shall  be  the  duty  of  the 
commissioners  of  said  department  of  parks,  on  the  applica- 
tion of  any  railroad  corporation,  to  hear  the  parties  relative 
thereto,  and  to  ascertain  and  determine  the  practicability  of 
constructing  such  railway  in  the  manner  prescribed  by  this 
section,  and  to  establish  the  proper  place  for  such  crossing, 
and  the  manner  in  which  the  same  shall  be  made,  whether 
above  or  below  said  Ocean  Parkway,  and  the  plans  and  speci- 
fications for  the  construction  thereof ;  and  shall  cause  proper 
maps  and  drawings  thereof,  respectively,  to  be  made,  ap- 
proved and  signed  by  them,  a  copy  of  which  shall  be  filed  in 
the  office  of  the  register  of  the  County  of  Kings  ;  and  there- 
upon said  parkway  and  railway  shall  be  constructed  by  such 
railroad  corporation,  at  its  own  cost  and  charges,  with  the 


Title  XVI. 


277  Department  of  Parks. 


respective  grades,  and  according  to  the  plans  and  specifica- 
tions so  to  be  approved  and  established,  and  within  the  period 
of  time  to  be  specified  in  writing  by  the  said  commissioners, 
who  may,  however,  from  time  to  time,  extend  the  same,  but 
not  beyond  one  year  from  the  date  fixed  in  said  certificate. 
If  such  railway  corporation  shall  refuse  or  neglect  to  reform 
such  parkway,  in  accordance  with  the  plans  and  specifications 
that  shall  be  approved  and  established  by  the  commissioners 
of  said  department  in  the  manner  aforesaid,  within  the  time 
for  that  purpose  limited  by  the  said  commissioners,  then  it 
shall  be  the  duty  of  the  said  department  of  parks  to  perform 
the  work  of  reforming  such  road  or  avenue  in  accordance 
with  such  plans  and  specifications  ;  and  all  the  cost  and  ex- 
pense they  shall  be  put  to  on  account  thereof  may  be  recovered 
by  an  action  by  said  department  of  parks  against  such  rail- 
way corporation  in  any  court  of  this  State  ;  and  said  depart- 
ment may  require,  before  any  such  corporation  enters  upon 
said  parkway  to  give  a  bond,  with  sufficient  responsible  sure- 
ties, to  restore  said  parkway  according  to  the  plans  made, 
and  to  comply  with  all  its  conditions  as  to  such  crossing,  to 
be  enforced  as  herein  provided,  which  bond,  in  case  of  default, 
made,  may  be  prosecuted  by  the  said  department.  This  sec- 
tion shall  not  affect  any  crossing  over  said  Ocean  Parkway  by 
a  railroad  in  any  case  where  the  right  to  make  such  a  crossing 
has  been  found  and  adjudicated  by  a  court  of  record,  nor  any 
suca  crossing  by  a  railroad  now  being  actually  operated,  nor 
the  construction  and  use  of  any  bridge  which  has  been 
actually  in  good  faith  commenced  prior  to  the  first  day  of 
April,  eighteen  hundred  and  eighty-one,  for  the  purposes  of  a 
railroad  crossing  on  or  over  said  Ocean  Parkway. 

§  17.  The  concourse  lands  on  Coney  Island  are  hereby  ex- 
pressly exempted  from  the  operation  of  any  and  all  provis- 
ions of  law  authorizing  the  commissioners  of  the  land  office 
or  the  officers  of  any  county  or  town  to  grant  to  any  rail- 
road company  any  land  belonging  to  this  State  or  to  such 
county  or  town. 

§  18.  The  statement  which  the  department  of  parks  is  re- 
quired by  section  eighteen  of  the  second  title  of  this  act  to 
transmit  in  each  year  to  the  board  of  estimate  shall  include 


Department  of  Parks.  278 


Title  XVI. 


a  statement  of  the  several  amounts  of  money  which  ought 
to  be  spent  the  succeeding  year,  commencing  on  tbe  first  day 
of  January,  for  the  maintenance,  ornamentation  and  improve- 
ment of  the  several  parks  and  parkways  (including  the  East- 
ern Parkway,  Ocean  Parkway,  and  the  Coney  Island  Con- 
course) now  a  chai'ge  upon  the  City  of  Brooklyn.  Upon  the 
receipt  of  any  such  statemejit,  it  shall  be  the  duty  of  the 
said  board  of  estimate  to  estimate  and  determine  the 
amounts  necessary  to  be  raised  for  the  proper  maintenance, 
improvement  and  ornamentation  of  the  said  parks  and  park- 
ways during  such  succeeding  year,  and  to  include  in  their 
annual  report  the  amounts  necessary  therefor :  and  the 
amounts  so  estimated^ and  determined  shall  be  included  in 
the  annual  tax  levy  of  said  city,  and  shall  be  expended  for 
the  purposes  for  which  they  were  raised,  as  needed,  and 
upon  the  usual  vouchers  :  provided,  however,  that  no  amount 
so  included  for  any  of  the  purposes  aforesaid  shall  be  greater 
than  the  amount  stated  by  -the  said  department  to  be  re- 
quired for  that  purpose. 

§  19.  Before  Ninth  avenue  and  Fifteenth  street,  or  either 
of  them,  are  graded,  paved  or  improved,  the  commissioners 
of  the  department  of  parks  shall  determine  and  certify  to 
the  common  council  of  said  city  the  amounts  already  ex- 
pended and  advanced  on  tUe  improvement  of  said  avenue  and 
street  respectively  by  the  Brooklyn  park  commissioners ;  and 
the  amount  so  certified,  with  the  interest  thereon,  shall  be 
deemed  to  be  and  be  taken  as  a  part  of  the  cost  of  grading, 
paving  and  improving  said  avenue  and  street,*  and  shall  be 
included  in  the  amount  of  the  prospective  and  actual  cost 
and  expense  of  the  work  and  in  the  assessments  therefor. 

§  20.  The  department  of  parks  may  grade,  pave  and  other- 
wise improve  the  street  laid  out  in  the  plaza  of  Prospect 
Pai'k  in  parts.  If  the  commissioners  of  said  department 
fihaU  determine  to  grade,  pave  and  improve  the  said  street  in 
parts,  they  shall,  from  time  to  time,  determine  what  lots  with- 
in the  district  of  assessment  heretofore  fixed  are  benefited  by 
the  improvement  determined  to  be  made,  and  shall  cause  a 

*So  in  tie  original.  ^ 


Title  XVI. 


279  Department  of  Parks. 


map  thereof  to  be  made,  and  the  lot  shown  upon  such  map 
shall  be  and  constitute  the  district  of  assessment  for  such  im- 
provement.   The  said  commissioners  shall  then  estimate  the 
prospective  cost  and  expense  of  the  improvement,  and  in 
such  estimate  shall  include  the  proper  proportionate  amount 
already  expended  on  the  improvement  of  said  street,  with 
the  interest  thereon,  and  shall  thereupon  certify  the  same  to 
the  board  of  assessors  of  the  City  of  Brooklyn.    Upon  the 
receipt  of  any  such  certificate  it  shall  be  the  duty  of  the 
board  of  assessors  to  apportion  and  assess  the  said  estimated 
cost  and  expense  upon  the  several  pieces  or  parcels  of  land 
and  premises  benefited  by  the  improvement  included  within 
the  district  of  assessment,  in  proportion  to  the  benefit  which 
in  their  opinion  the  same  shall  derive  from  or  in  justice 
ought  to  be  assessed  for  the  improvement.    The  board  of 
assessors  shall  make  a  report  in  writing  of  the  assessment  so 
made,  and  before  proceeding  to  sign  the  same  shall  give 
notice  in  the  corporation  newspapers  of  said  city,  which 
notice  shall  be  published  for  ten  days  successively,  of  the 
time  and  place,  when  and  where  the  parties  interested  can 
be  heard  ;  and  after  hearing  the  parties  the  board  of  asses- 
sors shall  proceed  and  complete  the  report  and  sign  the 
same,  and  return  the  said  report  with  all  objections  in  writ- 
ing, which  shall  be  presented  to  and  left  with  them  by  any 
of  the  parties  interested,  to  the  said  department  of  parks. 
The  said  commissioners  shall  publish  a  notice  in  the  corpora- 
tion newspapers  for  ten  days  successively,  to  the  parties 
interested,  of  the  time  and  place,  when  and  where  they  will 
meet  to  hear  them  on  the  objections  and  report.    The  said 
commissioners  shall  thereupon  examine  the  matter,  and  may 
correct  the  said  report  and  assessment,  and  send  it  back  to 
the  board  of  assessors  for  reapportionment,  or  may  confirm 
the  same,  as  they  may  deem  just  and  proper,  and  their  con- 
firmation in  the  matter  shall  be  final  and  conclusive,  and 
thereupon  the  said  assessment  shall  be  and  become  a  lie  nupon 
the  several  lots,  pieces  and  parcels  of  land  assessed,  to  the 
extent  of  the  amount  assessed  thereon.    The  like  proceed- 
ings shall  be  had  when  the  report  of  the  board  of  assessors 
is  sent  back  as  in  the  first  instance.    After  the  assessment 


Department  of  Parks.  280 


Title  XVI. 


shall  be  confirmed,  the  said  commissioners  shall  cause 
a  waiTant  to  be  issued  under  tbe  hand  of  their  presi- 
dent to  the  collector  of  taxes  and  assessments  of  said  city 
for  the  collection  thereof.  Whenever  oQe-half  in  amount  of 
any  such  assessment  shall  have  been  collected  (exclusive  of  the 
amounts  assessed  upon  park  property ),  the  said  commissioners 
may  make  a  contract  for  the  work :  provided,  however,  that 
no  such  contract  shall  be  made  unless  the  amount  unappro- 
priated of  the  "  assessment  fund "  of  the  City  of  Brooklyn, 
together  with  the  amount  of  the  assessment  collected,  shall 
be  sufficient  to  pay  the  cost  of  said  work  as  fixed  by  such 
contract.  Upon  the  making  of  such  contract  the  comptroller 
of  said  city  shall  appropriate  and  set  apart  so  much  of  the 
said  "  assessment  fund  "  as  shall  be  necessary  to  pa}-  the  cost 
of  improvement  All  moneys  subsequently  collected  upon 
any  such  assessment  shall  be  paid  into  said  fund  to  re- 
imburse the  same,  and  any  balance  remainiug  after  such  re- 
imbui-sement  shall  be  paid  into  the  revenue  fund  of  the  said 
city.  Immediately  after  the  completion  of  the  improvement, 
the  assessment  therefor  shall  be  revised  by  the  board  of  as- 
sessors, and  if  the  estimate  made  therefor  shall  have  been 
greater  than  the  actual  cost  of  such  improvement,  such  ex- 
cess shall  be  deducted  from  the  amounts  assessed  against 
the  several  parcels  of  land  in  the  district  of  assessment,  in  the 
proj^ortion  of  their  respective  amounts,  and  if  any  part  of 
such  assessment  shall  have  been  collected,  the  proportion  of 
such  excess  shall  be  refunded  to  the  person  paying  the  same. 
If  the  cost  of  such  improvement  shall  be  greater  than  the 
amount  of  the  estimate  made  therefor,  the  excess  of  such 
cost  shall  be  added  to  said  assessment  and  apportioned  upon 
the  several  parcels  of  land  according  to  their  respective  pro- 
portions of  the  original  assessment.  The  board  of  assessoi-s 
shall  prex^ai'e  a  list  showing  the  amounts  of  such  additions, 
and  shall  publish  in  the  corporation  newspapers,  for  at  least 
ten  days,  a  notice  of  the  time  and  place,  when  and  where  the 
same  can  be  examined,  and  objections  made  thereto ;  and 
after  heaiing  such  objections  shall  make  such  coiTections 
therein  as  they  shall  deem  just,  and  shall  certify  the  said 
additions  as  corrected  upon  the  original  assessment  roll  to 


Title  XVI. 


281  Department  of  Parks. 


the  collector  of  taxes  and  assessments,  and  thereupon  the 
amounts  so  added  shall  become  a  part  of  such  original  as- 
sessment and  be  collected  without  any  further  warrant  in  the 
same  manner  and  with  the  same  lien  and  effect  as  if  such 
amount  had  been  incluued  in  the  estimate  of  said  work.  No 
rebate  shall  be  allowed  upon  any  assessment  levied  under  the 
provisions  of  this  act,  and  no  such  assessment  shall  be  re- 
turned to  the  registrar  of  arrears  until  one  year  after  the 
revision  thereof,  or  one  year  after  the  commissioners  shall 
certify  upon  the  original  assessment  roll,  or  upon  the  abstract 
thereof,  that  the  said  assessment  does  not  need  revision. 

§  21.  It  shall  be  the  duly  of  the  board  of  estimate  of  the 
County  of  Kings  and  City  of  Brooklyn  to  include  in  their 
annual  report  next  after  laying  any  assessment  under  the  pro- 
visions of  section  twenty  of  this  title,  an  amount  sufficient 
to  pay  any  assessment  laid  upon  the  lands  of  Prospect  park 
or  the  plaza,  and  such  amount  shall  be  included  in  the  tax 
levy  of  said  city. 

§  22.  The  department  of  parks  is  hereby  authorized  to 
grade,  gravel,  curb  and  gutter  that  portion  of  the  Coney 
Island  plank  road,  as  recently  widened,  lying  between  the 
circle  at  the  southwesterly  angle  of  Prospect  Park  and 
Church  lane,  and  said  Church  lane  from  said  road  to  Ocean 
Parkway,  according  to  the  plan  to  be  devised  and  adopted  by 
them.  All  expenses  incident  to  said  improvements,  after 
having  been  duly  certified  by  the  said  department  to  the 
commissioners  of  estimate  and  assessment  appointed  as  here- 
inafter directed,  shall  be  by  them  apportioned  and  assessed 
upon  the  property  in  their  judgment  benefited  thereby  within 
a  district  of  assessment  to  be  fixed  by  the  said  commissioners 
of  said  department;  but  no  district  of  assessment  shall 
extend  beyond  the  termini  of  the  improvements  provided  for 
in  this  section,  and  the  assessments  specified  in  their  report, 
when  filed  in  the  office  of  the  clerk  of  the  County  of  Kings, 
and  duly  confirmed  by  an  order  of  the  supreme  court  at 
special  term,  upon  an  application  therefor,  of  which  ten  days*^ 
notice  shall  have  been  given  in  two  newspapers  printed  in 
the  City  of  Brooklyn,  shall  constitute  liens  upon  the  several 
parcels  of  lands  and  premises  upon  which  they  shall  have 


Department  of  Parks.  282 


Title  XVI. 


been  laid,  and  shall  be  collected  in  the  manner  hereinafter 
directed.  The  commissioners  of  the  department  of  parks 
may  also  contract  in  writing  for  the  makinfj^  of  the  said 
improvement,  and  may  from  time  to  time,  as  the  work  pro- 
gresses, issue  to  the  contractors,  in  the  name  and  upon  the 
authority  of  the  said  commissioners,  certificates  of  indebted- 
ness, bearing  interest,  to  the  extent  of  eighty  per  centum  of 
the  work  completed  by  said  contractors,  payable  out  of  the 
assessments  therefor  when  collected.  Tr.e  supreme  court,  in 
the  second  judicial  district,  at  a  special  term  thereof,  shall, 
upon  application  of  the  commissioners  of  said  department,  on 
notice  of  ten  days,  to  be  published  in  two  papers  in  the  City 
of  Brooklyu,  appoint  three  commissioners  of  estimate  and 
assessment,  who  shall  be  residents  of  the  town  of  Flatbusb, 
who  shall  have  the  powers  and  perform  the  duties  of  the 
commissioners  of  estimate  and  assessment  who  acted  in  esti- 
mating the  damages  incident  to  the  widening  and  opening 
of  the  said  road.  All  the  provisions  of  chapter  seven  hun- 
dred and  seventy-one  of  the  laws  of  eighteen  hundred  and 
seventy- three,  so  far  as  relates  to  the  collection  of  the  assess- 
ments herein  provided  for,  and  the  sale  for  the  non-payment 
of  the  same  and  the  lien  thereof  shall  apply  to  and  become 
part  of  this  act,  except  that  no  fees  for  collecting  shall  be 
charged  against  any  property  belonging  to  the  City  of  Brook- 
lyn or  to  the  County  of  Kings. 

§  23.  The  mayor,  comptroller  and  clerk  of  the  City  of 
Brooklyn,  shall  each  keep  in  his  olB&ce,  in  a  book  to  be  pro- 
vided for  that  purpose,  a  true  and  correct  statement  and 
account  of  each  and  every  bond  referred  to  in  section  nine  of 
this  title,  showing  the  number  of  each  bond,  the  date  and 
amount  thereof,  and  the  time  when  due,  and  such  book  shall 
be  open  for  public  inspection,  and  shall  be  delivered  by  them 
to  their  successors  in  office. 

§  24.  The  commissioners  of  the  department  of  parks  are 
hereby  authorized  and  required  to  present  annually,  on  or 
before  the  first  Monday  of  July,  to  the  common  council  of  the 
City  of  Brooklyn,  a  statement  in  writing  of  the  amount  of 
money  with  interest,  assessed,  or  to  be  assessed  upon  so  much 
of  the  land  benefited  by  the  opening  of  Prospect  park  as  lies 


Title  XVI. 


283  Department  of  Parks. 


within  the  boundaries  of  the  said  city,  and  which  amount  is 
required  to  be  raised  by  tax,  for  the  then  current  year,  to- 
gether with  all  such  assessments  for  opening,  widening,  sew- 
ering or  otherwise  improving  streets,  avenues  or  highways 
now  charged,  or  hereafter  to  be  charged,  upon  any  of  the 
said  parks,  or  against  the  city  as  representing  the  the*  said 
parks.  And  the  common  council  shall  thereupon  cause  the 
said  several  amounts  to  be  raised  and  levied,  as  part  of  the 
annual  city  tax,  in  the  same  manner  as  other  taxes  are  raised 
and  levied ;  so  much  thereof  as  relates  to  the  assessment  for 
park  benefit  shall  be  levied  upon  the  particular  parcels  of 
property,  chargeable  therewith,  and  the  residue  of  said 
amount  shall  be  raised  and  levied  as  a  general  tax  upon  the 
said  city.  And  the  said  several  amounts,  when  collected, 
shall  be  paid  over  to  the  said  commissioners,  except  so  much 
thereof  as  relates  to  assessment  for  park  benefit,  which  shall 
be  paid  to  the  commissioners  of  the  sinking  fund  of  the  City 
of  Brooklyn,  to  be  used  in  the  redemption  of  city  bonds- 
issued  for  the  purchase  of  park  lands 

§  25.  The  said  commissioners  shall  also,  in  like  manner, 
present  to  the  board  of  supervisors  of  the  County  of  Kings 
a  statement  of  the  amount  of  money  with  interest,  assessed 
or  to  be  assessed  upon  so  much  of  the  land  benefited  by  the 
opening  of  the  said  park  as  lies  outside  the  boundaries  of 
the  said  city,  and  which  amount  is  required  to  be  raised  by 
tax  for  the  then  current  year,  including  the  amount  required 
for  the  maintenance  of  the  Kings  County  parade  ground,  to- 
gether with  all  such  assessments  for  opening,  widening  and 
improving  streets,  avenues  or  highways  now  charged,  or 
hereafter  to  be  charged,  against  the  said  parade  ground  by 
virtue  of  any  proceeding  placed,  or  to  be  placed  under  the 
direction  of  the  said  commissioners.  And  the  said  board  of 
supervisors  shall  thereupon  cause  the  said  several  amounts  to 
be  raised  and  levied  as  part  of  the  annual  county  tax 
in  the  same  manner  as  other  county  taxes  are  raised  and 
levied.  So  much  thereof  as  relates  to  the  assessment  for 
park  benefit  shall  be  levied  upon  the  particular  parcels  of 


So  in  original. 


Department  of  Parks.  284 


Title  XVI. 


property  chargeable  therewith  and  the  residue  of  said 
amount  shall  be  raised  and  levied  as  a  general  tax  in  the 
said  countj\  And  the  said  several  amounts,  when  collected, 
shall  be  paid  over  to  the  said  commissioners,  except  so  much 
thereof  as  relates  to  the  assessment  for  pai*k  benefit,  which 
shall  be  paid  to  the  commissioners  of  the  sinking  fund  of  the 
city  of  Brooklyn,  to  be  used  in  the  redemption  of  city  bonds 
issued  for  the  purchase  of  park  lands. 


1 


TITLE  XVII. 

DEPARTMENT  OF  PUBLIC  INSTRUCTION. 

Section  1.  There  shall  be  a  department  of  public  instruc- 
tion which  shall  be  under  the  control  of  a  board  of  educa- 
tion, to  consist  of  forty-live  members,  who  shall  serve  with- 
out compensation,,  and  whose  term  of  office  shall  be  three 
years.  The  members  heretofore  appointed  by  the  mayor, 
July  first,  eighteen  hundred  and  eighty-five,  and  any  mem- 
bers appointed  to  fill  vacancies  occasioned  by  the  death  or 
resignation  of  members  so  appointed,  shall  hold  office  until 
July  first,  eighteen  hundred  and  eighty-eight,  and  members 
appointed  July  first,  eighteen  hundred  and  eighty-six,  and 
any  members  appointed  to  fill  vacancies  occasioned  by  the 
death  or  resignation  of  members  so  appointed,  shall  hold 
office  until  July  first,  eighteen  hundred  and  eighty-nine ;  and 
the  mayor  shall,  on  or  before  July  first,  eighteen  hundred 
and  eighty-seven,*  appoint  fifteen  members  to  hold  office  for 
three  years  from  that  date,  in  place  of  the  fifteen  members 
appointed  July,  eighteen  hundred  and  eighty  three,*  and  any 
members  appointed  to  fill  vacancies  occasioned  by  the  death 
or  resignation  of  members  so  appointed  :  and  thereafter,  on 
or  before  July  first,  in  each  succeeding  year,  he  shall  appoint 
fifteen  members  to  the  said  board  of  education  in  place  of 
the  members  whose  terms  shall  then  expire.  The  mayor 
shall  at  any  time  fill  vacancies  caused  by  death,  resignation 
or  otherwise,  by  appointment  for  the  unexpired  term.  If  the 
mayor  shall  refuse,  fail  or  neglect  for  thirty  days  after  the 
expiration  of  the  term  of  a  member  of  said  board,  as  pro- 
vided by  this  act,  to  make  an  appointment  required  by  this 
act,  such  failure,  refusal  or  neglect  shall  be  in  all  respects 
equivalent  to  and  taken  as  an  express  appointment  of  the 
member  who  may  be  at  the  time  holding  office. 

§  2.  The  eaid  board  shaU  elect  a  superintendent  of  public 
instruction,  at  its  meeting  ia  July,  or  any  regular  meeting. 


*So  in  original. 


Dept.  Public  Instruction.  286 


Title  XVII. 


next  preceding  the  expiration  of  the  term  of  office  of  the 
present  superintendent :  and  the  board  may  also,  at  such 
time,  elect  one  or  more,  not  exceeding  two  associate  superin- 
tendents. Tbe  terms  of  office  of  the  superintendent  and 
associate  superintendents  elected  pursuant  to  the  provisions 
of  this  act  shall  commence  upon  the  expiration  of  the  terms 
of  office  of  the  present  superintendent  and  associate  superin- 
tendents, and  the  board  shall,  triennially,  thereafter  elect  its 
superintendent  and  associate  superintendents,  the  term  of 
whose  office  shall  be  three  years,  subject,  however,  to  re- 
moval from  office  by  a  vote  of  two-thirds  of  all  the  members 
appointed  to  the  said  board.  Whenever  a  vacancy  shall 
occur  in  any  of  such  offices  by  death,  resignation  or  other- 
wise, the  board  may  ekct  a  successor  to  serve  for  the  unex- 
pired term.  Such  superintendent  and  associate  superin- 
tendents shall  each  receive  a  salary  to  be  fixed  by  the  board 
and  which  shall  be  paid  out  of  the  general  fund,  and  shall 
perform  such  duties  as  sliall  be  prescribed  by  said  board. 

§  3.  The  said  board  shall  triennially  appoint  a  secretary,  how 
shall  perform  such  duties  as  mav  be  prescribed  by  the  board. 
He  shall  receive  a  salary  to  be  fixed  by  the  board  and  which 
shall  be  paid  out  of  the  general  fuud,  and  in  case  of  his 
death,  resignation  or  removal  the  board  shall  have  power  to 
fill  the  vacancy  for  the  unexpired  time.  He  may  be  re- 
moved from  office  by  a  vote  of  a  majority  of  all  the  members 
of  the  board,  and  shall  give  such  security  as  shall  be  re- 
<iuired  by  said  board. 

§  4.  The  treasurer  of  the  city  shall  be  ex-offieio  the  treas- 
urer of  the  board  of  education,  and  shall  receive  to  the  credit 
of  said  board,  from  the  county  treasurer,  the  amount  of 
school  money  to  which  the  city  is  entitled  from  the  State  ap- 
propriation, together  with  such  amount  as  is  raised  by  the 
iDoard  of  supervisors  to  entitle  the  city  to  its  distributive 
share  of  the  school  moneys  of  tbe  State,  and  from  the  city 
collector  the  money  raised  by  tax  for  the  support  of  schools. 
He  shall  credit  the  said  board  with  the  money  last  aforesaid 
as  soon  as  the  amount  thereof  shalL  have  been_  receiye_d,. and 
he  shall  disburse  the  same,  with  all  interest  received  thereon, 


title  XVII. 


287      Dept  Public  Instruction. 


only  b}'  the  or»ler  and  upon  the  warrant  of  the  board  of  edu- 
cation, drawn  in  favor  of  the  person  entitled  to  payment, 
signed  by  the  presiding  officer  of  the  board,  and  counter- 
signed by  its  secretary.  The  treasurer  shall  give  such  bonds 
for  the  faithful  performance  of  his  duty  as  the  common  coun- 
cil may  require,  and  shall  report  monthly  to  the  board  of 
education  his  receipts  and  expenditures,  with  the  balance 
remaining  on  hand  to  the  credit  of  the  board,  and  such  other 
information  in  relation  thereto  as  the  board  of  education  may 
from  time  to  time  require. 

§  5.  The  board  of  education  shall  have  the  entire  charge 
and  direction  of  all  the  public  schools  of  said  city,  and  of 
the  school  moneys  raised  for  the  support  of  the  same,  and 
shall  possess  the  powers  and  be  subject  to  the  general  du- 
ties of  trustees  of  common  scho(j]s  in  this  State,  so  far  as  the 
same  are  not  impaired  or  affected  by  this  act.  It  shall  an- 
nually choose  a  presiding  officer,  make  its  own  by-laws,  keep 
a  journal  of  its  proceedings,  define  the  duties  of  its  officers 
and  committees,  and  prescribe  such  rules  and  legulations 
for  instruction  and  discipline  in  the  said  public  schools  as 
are  not  inconsistent  with  the  laws  of  the  State ;  and  nil  the 
provisi  )ns  of  this  act,  relating  t )  resignations  and  expulsions 
in  the  common  council,  shall  be  applicable  to  the  board  of 
education. 

§  6.  The  whole  city  shall  be  a  school  district  for  all  pur- 
poses of  taxation,  as  well  for  the  purchase  of  school  sites  and 
the  building  and  repairing  of  school  houses  as  for  the  annual 
support  of  schools,  but  shall  be  divided  by  the  board  of  edu- 
cation into  as  many  districts  as  there  are  schools,  for  the 
purpose  of  determining  the  limits  within  which  children  may 
attend  such  schools. 

§  7.  The  board  of  education  shall  have  power  to  organize 
and  establish  schools  for  colored  children,  and  such  evening 
schools  as  it  may,  from  time  to  time,  deem  expc>dient,  and 
shall  adopt  the  necessary  rules  for  the  government  of 
the  same.  It  may  make  use  of  the  public  school  houses 
under  its  charge  for  such  evening  schools,  and  the  expenses 
of  said  schools  shall  be  paid  out  of  the  general  fund  in  the 


Dept.  Public  Instruction.  288 


Title  XVII. 


same  maDner  as  those  of  the  other  public  schools.  No  per- 
son shall  be  prohibited  from  attending  the  evening  schools 
on  account  of  age. 

§  8.  The  board  of  education  shall  determine  the  number 
and  location  of  schools  ;  but  no  expenditures  for  the  purchase 
of  ground  or  the  erection  of  school  houses  shall  hereafter 
be  made  unless  the  same  shall  have  been  approved  of 
by  the  common  council.  Such  approval  shall  be  deemed 
to  have  been  given  when  the  tax  therefor  shall  be 
approved  by  the  common  council  and  levied  by  the  super- 
visors, or  it  may  be  especially  given  upon  the  application  of 
ihe  Board  of  Education  to  make  such  expenditure  in  antici- 
pation of  a  tax  to  be  levied  in  the  ensuing  year. 

See  Chap.  .383,  Laws  of  1888. 
See  Cbap.  358,  Laws  of  1889. 
See  Chap.  269,  Laws  of  1891. 
See  Chap.  320,  Laws  of  1892. 
See  Chap.  47,  Laws  of  1893. 
See  Chap.  123,  Laws  or  1894. 

§  9.  The  title  of  all  property  now  or  hereafter  to  be  ac- 
quired for  school  purposes  shall  be  vested  in  the  board  of 
education  ;  which  board  and  the  mayor  of  the  City  of  Brooklyn 
are  hereby  authorized  to  sell  any  lands  with  the  buildings 
thereon  which,  in  the  opinion  of  the  said  board,  first  de- 
clared by  resolution,  are  not  needed  for  school  purposes,  or 
that  shall  hereafter  not  be  needed  for  school  purposes,  and 
to  grant  and  convey  the  same.  The  proceeds  arising  from 
any  such  sale  shall  be  paid  into  the  special  school  fund  of 
said  board  of  education,  and  deposited  with  the  treasurer  of 
the  City  of  Brooklyn,  to  the  credit  of  said  fund. 

§  10.  The  money  raised  for  the  purchase  of  school  sites, 
and  the  building,  repairing  and  furnishing  of  school  houses, 
shall  be  known  as  the  "  special  school  fund,"  and  all  other 
moneys  as  the  "  general  school  fund;"  and  it  shall  be  the 
duty  of  the  board  of  education  to  keep  accurate  accounts  of 
its  receipts  and  expenditures,  distinguishing  between  those 
of  a  general  and  those  of  a  special  character ;  and  it  shall  not 
be  lawful  to  expend  any  portion  of  the  moneys  raised  for  the 


Title  XVII. 


289      Dept.  Public  Instruction. 


use  of  one  of  said  funds  for  the  purposes  of  the  other  of  said 
funds,  but  the  expenditures  shall  be  made  in  conformity  with 
the  appropriations  under  which  the  funds  were  levied  and 
collected. 

^  11.  The  board  of  education  shall  determine  whether  any 
and  what  portion  of  the  State  appropriation  and  the  county 
tax,  designated  as  library  money,  shall  be  applied  to  the  pur- 
chase of  school  libraries  and  apparatus,  and  the  disposition 
thereof  :  and  the  residue  of  said  money  shall  be  applied  to  the 
payment  of  teachers'  wages  or  for  the  purchase  of  school- 
books,  and  no  other  purpose. 

§  12.  The  orphan  asylum  societies  of  the  City  Brooklyn  shall 
participate  in  the  distribution  of  the  school  moneys  raised  in 
said  city,  in  proportion  to  the  number  of  children  between  the 
ages  of  five  and  twenty-one,  under  the  charge  of  said  societies, 
andinstructed  in  such  manner  us  is  usual  in  common  schools, 
and  shall  hereafter  be  annually  entitled  to  such  distributive 
share  in  the  same  manner,  and  to  the  same  extent,  as  is  now 
or  shall  be  provided  in  respect  to  the  common  schools  of  said 
city.  And  all  industrial  schools  in  which  industrial  employ- 
ments are  taught  in  addition  to  the  studies  of  the  common 
schools  during  some  portion  of  the  school  day,  and  in  which 
the  pupils  are  clothed,  fed  and  lodged,  shall  participate  in 
the  distribution  of  the  school  moneys,  in  the  same  mariner 
and  under  the  same  lestrictions  as  the  said  orphan  asylum 
soci-;ties  at  Brooklyn.  The  schools  of  said  societies  shall  be 
subject  to  the  general  supervision  of  the  board  of  education 
of  said  city,  but  remaining  under  the  immediate  direction 
and  management  of  the  said  societies  as  heretofore.  The 
orphan  asylum  societies  and  the  industrial  schools  for  indi- 
gent and  homeless  children,  under  the  charge  of  the  board  of 
education  in  the  city  of  Brooklyn,  shall  in  each  and  every 
year,  be  entitkd  to  receive  ten  per  centum  of  the  gross 
amount  of  money  received  by  the  commissioners  of  excise  in 
the  City  of  Brooklyn,  for  licenses  to  sell  liquors,  ales  and 
wines,  and  of  tines  for  the  breach  of  the  laws  in  relation  there- 
to, and  the  comptroller  of  the  said  City  of  Brooklyn  shall,  on 
the  requisition  of  the  proper  officers  of  the  said  societies, 


Dept.  Public  Instruction.  290 


Title  XVII. 


pay  over  to  them,  the  officers,  directors,  or  trustees  of  the 
orphan  as^'lum  societies  and  industrial  schools  or  such  per- 
sons as  they  shall  authorize  to  receive  the  same,  a  sum  equal 
to  ten  per  centum  of  the  gross  sum  received  by  the  said 
commissioners  of  excise  for  licenses  and  fines  as  aforesaid, 
pro  rata  according  to  the  number  of  orphans  and  indigent 
children  fed,  clothed,  lodged  and  taught  in  each  of  the  said 
asylums  or  industrial  schools  at  such  institutions ;  the  said 
pro  ri.ta  to  be  established  and  taken  by  the  said  comptroller 
from  the  report  of  the  superintendent  of  public  instruction 
for  the  said  City  of  Brooklyn  for  the  distribution  of  the 
public  school  fund  to  the  said  orphan  asylum  societies  and 
industiial  schools,  but  no  school  in  said  city  shall  be  entitled 
to  any  portion  of  the  school  moneys,  in  which  the  religious 
sectarian  doctrine  or  tenets  of  any  particular  Christian  or 
other  religious  sect  shall  be  taught  or  inculcated,  during 
school  hours,  or  which  shall  refuse  or  prohibit  visits  or  exam- 
inations by  the  city  superintendent  or  members  of  the  board 
of  education  of  said  city  ;  provided  that  this  section  shall 
not  be  deemed  to  prohibit  the  use  of  the  Holy  criptures 
without  note  or  comment. 

§  13.  The  board  of  education  shall  make  returns  annually 
to  the  common  council  of  its  receipts  and  expenditures,  speci- 
fying those  on  account  of  the  general  and  special  funds  re- 
spectively, with  such  other  details  as  the  common  council 
may  from  time  to  time  require. 

§  14.  The  board  of  education  shall  have  power  to  take 
proceedings  to  acquire  land  for  sites  of  school  houses, 
or  land  adjacent  to  and  for  the  enlargement  of  a  site 
already  (stablished  not  exceeding  one  acre,  where  the. 
owner  or  owners  of  such  land  shall  not  consent  to  sell, 
the  same  for  such  purposes,  or  where  the  said  board  shall 
not  be  able  to  agree  with  such  owner  or  owners  or  some 
or  any  of  them  upon  the  price  or  value  thereof.  Such 
proceedings  shall  be  taken  in  the  manner  provided  by  the 
general  laws  of  this  State  for  the  appraisal  and  acquiring  o| 
lands  taken  for  or  in  addition  to  sites  for  district  school 
houses  except  as  is  herein  otherwise  expressly  provided,  and 
except  that  the  re  strictions  as  to  a  village  or  city  lot  shall 


Title  XVII. 


291      Dept.  Public  InstrnctioiL 


not  apply  to  this  section.  And  for  the  purposes  of  such  pro- 
ceedings the  board  of  education  shall  possess  all  the  powers 
of  trustees  under  the  provisions  of  such  general  laws.  Such 
proceedings  may  be  authorized  by  a  vote  of  said  board  of 
education,  and  the  petition  may  be  signed  by  the  officers  of  said 
board.  The  commissioners  appointed  in  such  proceedings 
may  be  inhabitants  of  the  City  of  Brooklyn  and  owners  of 
taxable  property  therein,  but  shall  not  be  owners  of,  nor  in- 
terested in  the  property  proposed  to  be  taken,  nor  related  to 
the  owners  of  the  land  proposed  to  be  taken.  Such  proceed- 
ings may  be  taken  before  the  supreme  court  or  city  court  of 
Brooklyn,  and  if  taken  in  the  latter  court,  the  petition  shall 
be  filed  in  the  office  of  the  clerk  of  that  court,  and  the  notice 
of  lis  pendens  in  the  office  of  the  clerk  of  Kings  County.  The 
compensation  named  in  the  award,  the  fees  of  the  commission- 
ers and  the  costs  and  expenses  of  said  board  of  education  in 
such  proceeding  shall  be  paid  by  said  board  out  of  the  special 
fund  in  their  hands,  and  such  fees,  costs  and  expenses  may 
be  taxed  and  allowed  in  the  final  order. 


I 


TITLE  XVIII 


OF  CONTEACTS. 

Section  1.  All  contracts  and  agreements  by  which  the  dij^ 
shall  be  held  liable  to  pay  money,  shall  be  under  the  authiMr- 
ity  of  the  common  council,  except  for  salaries  and  those  mado 
for  the  management  and  control  of  the  boai'd*  educatiotD^ 
the  water  works,  the  maintenance  of  sewers  and  the  repair- 
ing of  streets,  and  also  except  those  made  for  the  mainte- 
nance and  management  of  the  pai'ks  and  other  works  aod: 
matters  under  the  control  of  the  department  of  pai-ks,  bat 
the  amount  expended  for  the  above  named  purposes  ^la]^ 
not  exceed  the  sums  appropriated  therefor  by  the  comnMtt- 
council,  or  the  amount  authorized  to  be  expended  by  is&iia^ 
of  bonds  imder  heretofore  existing  laws.    All  contracts  other? 
than  for  the  above  excepted  purposes  exceeding  in  amocmt 
the  sum  of  two  hundi'ed  and  fifty  dollars,  shall  be  made  m. 
the  following  manner:  Whenever  any  work,  materials  c*:- 
improvements,  shall  have  been  duly  declared  to  be  necessary- 
by  said  common  council,  they  shall  authorize  the  depai-tmoiii*; 
of  city  works,  and  it  shall  be  the  duty  of  the  department  sa 
authorized  to  advertise  in  the  corporation  newspapei*s,  for  at 
least  ten  days,  tnriting  bids  or  proposals  therefor,  under-. 
seal,  to  be  sent  to  the  department  of  city  works,  which  bids, 
or  proposals  shall  be  pubHcly  opened  and  announced,  with- 
the  name  of  the  bidder,  the  rate  or  amount  proposed,  and  . 
the  names  of  the  sureties,  which  sui-eties  shall  be  the  owners- 
of  real  estate  in  the  City  of  Brooklyn  in  their  own  right  te 
the  amount  of  such  sui'ety,  and  shall  have  held  the  same  fee 
at  least  one  year  prior  to  becoming  such  surety:  and  beforat- 
awarding  any  'contract  all  the  bids  or  proposals  receiTed:% 
shall  be  pubUshed  for  at  least  six  days  in  the  newspaper* 
aforesaid.    AU  contracts  shall  be  awarded  to  the  lowest  bid- 
der, and  be  executed  by  the  mayor  and  the  depai'tment  of 
city  works,  and  shall  be  attested  by  the  city  clerk:  provide^ 
that  upon  the  application  of  the  commissioner  of  the  depart- 


So  in  original. 


Of  Contracts. 


294 


Title  XVIII. 


ment  of  city  works  or  head  of  other  department,  the  board 
of  aldermen  may,  and  are  hereby  empowered,  by  a  two-third 
Tote,  to  authorize  the  department  of  city  works  to  execute  a 
contract  to  others  than  the  lowest  bidder;  and  no  contracts 
shaU  be  made  or  liability  to  pay  be  incurred,  the  expense  of 
which  is  provided  by  law^  to  be  met  by  local  assessment, 
until  the  jurisdictional  or  other  proceedings  for  and  in  the 
assessment  have  been  examined  and  certified  to  be  correct  and 
sufficient  by  the  department  of  city  works  and  attorney  and 
counsel  to  the  corporation. 

Chap.  562,  Laws  of  1889. 

§  2.  In  case  any  street,  public  building,  iiighwa}',  side- 
walk, crosswalk  or  bridge  shaU  become  dangerous,  the  com- 
missioner of  the  department  of  city  works  shall  examine  the 
same,  and,  with  the  approval  of  the  mayor,  shall  cause  the 
same  to  be  repaired  or  removed,  provided  that  the  expense 
of  such  repair  or  removal  shall  not  exceed  in  amount  the  sum 
of  one  thousand  dollars  in  any  one  case.  All  charges  in- 
curred uuder  this  i)rovision  shall  be  examined  by  the  au- 
ditor, and  when  audited,  be  paid  by  the  comptfoUor,  out  of 
the  proper  fund,  and  in  case  no  other  means  shall  have  been 
provided  to  cancel  such  liabilities,  the  comptroller  shall  pay 
the  same  out  of  the  revenue  fund. 

§  3.  No  contract  or  agreement  for  any  purpose,  involving 
the  payment  of  any  money,  shall  be  valid  and  binding  against 
said  city,  unless  the  comptroller  shall  certify  or  indorse  on 
such  contract  or  agreement  that  the  means  required  to  make 
the  payments  under  such  contract  are  provided  and  applic- 
able thereto.  Any  such  indorsement  falselj"  made  shall  be  a 
misdemeanor,  and  the  ofifender,  on  conviction  thereof,  shall 
cease  to  hold  his  office,  and  his  official  term  shall  cease  and 
determine,  and  the  mayor  shall  nominate,  and  with  the  con- 
sent of  the  board  of  aldermen  appoint  some  suitable  person 
to  discharge  the  duties  of  comptroller,  with  all  the  duties, 
liabilities  and  responsibilities  of  said  office  who  shall  serve 
until  another  co  nptroller  shall  be  elected  by  the  people  at 
the  next  general  election,  and  shall  have  duly  qualified.  Any 
surplus  remaing  oi  account  of  any  apj.ropriation  at  the  end 
of  any  year  may  b3  applied  as  th3  coiiimon  council  may  di- 
rect. 


Title  XVni. 


295 


Of  Contracts. 


§  4.  All  contracts  for  supplying  the  public  lamps  with  gas, 
except  those  in  the  public  buildings,  shall  provide  for  the 
lighting  of  the  same,  and  for  keeping  them  in  repair  by  the 
companies  or  pei-sons  supplying  such  gas. 

§  5.  Whenever  the  mayor  and  comptroller  shall  certify  that 
the  interests  of  the  city  requii-e  certain  work  to  be  done  with- 
out calling  for  projx>sals,  at  an  expense  not  to  exceed  one 
thousand  dollai-s,  such  work  may  be  ordered  by  a  two-thirds 
vote  of  the  common  council,  and  the  expense  shall  be  paid 
out  of  the  appropriate  fund  to  be  designated  when  the  work 
is  ordered  to  be  done ;  and,  provided  further,  that  whenever 
the  head  of  any  proper  department  shall  certify  that  it  is 
necessary  for  the  best  interests  of  the  city,  after  a  severe 
snow  storm,  to  remove  the  snow  from  one  or  more  of  the 
principal  thoroughfares  or  to  immediately  repair  any  damage 
done  by  the  elements,  or  otherwise,  or  to  prevent  such 
damage  or    to    prevent  the  spreading  of  disease  or  to 
presene  the  public  health,  or  to  prevent  ol'  suppress  a  riot, 
the  mayor  shall  be  empowered  to  authorize  such  department 
to  incur  such  liability  in  the  premises  on  the  part  of  the  city 
as  may  be  necessary,  and  the  common  council  shall  order  all 
chai'ges  incurred  under  this  provision  to  be  examined  by  the 
auditor,  and  when  audited  to  be  paid  by  the  comptroller  out 
of  the  appropriate  fund,  and  in  case  no  means  shall  have  been 
provided  to  cancel  such  liabihties,  they  shall  be  paid  by  the 
comptroller  out  of  the  revenue  fund.    Supplies  for  any  de- 
partment needed  for  immediate  use  not  exceeding  upon  any 
one  requisition  in  amount  one  thousand  dollai's,  for  the 
police  and  fire  departments,  and  two  hundred  and  fifty  dollars 
for  the  other  departments  on  the  requisition  of  such  depart- 
ment, with  the  appioval  of  the  mayor,  may  be  purchased  by 
the  department  requiring  the  same,  and  the  supplies  so  pur- 
chased shall  be  audited  and  paid  for  in  the  same  manner  and 
from  the  same  fund  as  though  the  same  had  been  ordered 
by  the  common  council. 

Chap.  582,  Laws  of  1894. 

§  6.  Whenever  any  fuel,  furniture,  books,  stationery  or 
any  other  suj^phes  or  repairs  to  buildings  or  apparatus  oc- 


Of  Contracts. 


296 


Title  XVin. 


cupied,  owned  or  used  by  the  department  of  fire  or  the  de- 
partment of  police  and  excise,  shall  have  been  duly  ordered 
by  the  common  council  the  said  department  respectively 
requiring  such  supplies  or  repairs,  shaU  advertise  for  pro- 
posals in  the  newspapers  for  the  same  and  open  the  bids  and 
award  the  contracts  and  execute  and  carry  out  said  contracts 
therefor  in  the  same  manner  and  with  the  same  circum- 
stances as  the  department  of  city  works  or  common  council 
are  authorized  in  this  act  in  relation  to  needed  work  and  im- 
provement for  other  departments  of  said  city  :  and  with  the 
consent  of  the  common  council  the  department  of  police  and 
excise  and  the  department  of  fire,  respectively,  shall  pur- 
chase such  articles  of  supplies  or  cause  such  repairs  to  be 
done  as  may  be  from  time  to  time  necessary  to  the  efficiency 
of  said  department,  provided,  however,  that  the  expense 
thereof  shall  not  at  any  one  time  exceed  the  sum  of  one 
thousand  dollars.  The  bills  for  all  such  purchases  made  in 
pursuance  of  the  provisions  of  this  section  shall  be  certified 
by  the  commissioner  of  the  department,  respectively,  having 
cognizance  of  the  purchase,  and  upon  being  audited  by  the 
auditor  shall  be  paid  by  the  comptroller. 

Chap.  435,  Laws  of  1893. 

See  also  Chap.  509,  Laws  of  1888,  and  Chap.  467, 
Laws  of  1888. 


TITLE  XIX. 


LOCAL  IMPKOVEMENTS. 

Section  1.  The  common  council  may,  upon  the  petition  of  a 
majority  of  the  property  owners,  or  of  the  owners  of  a  majority 
of  the  property  to  be  affected,  or  by  a  three-fourths  vote  of 
the  board  of  aldermen  and  the  consent  of  the  mayor  without 
such  petition,  open,  close,  extend,  widen,  regulate,  grade, 
pave,  regrade  and  repave  roads,  streets,  lanes  and  ave- 
nues, and  cause  public  squares  and  parks  to  be  opened,  reg- 
ulated, ornamented  and  perfected  in  the  manner  hereinafter 
provided,  and  generally  have  such  other  improvements  in 
and  about  such  streets,  avenues  and  squares  as  the  public 
wants  and  convenience  shall  require.  The  expense  of  all 
such  improvements  shall  be  assessed  and  be  a  lien  on  the 
property  benefited  thereby,  in  proportion  to  the  amount  of 
said  benefit.  In  all  cases  where  the  common  council  shall 
decide  upon  the  grading  and  paving  of  any  street  or  avenue, 
they  shall  cause  a  sufficient  number  of  culverts  or  drains  to 
be  constructed  under  such  street  or  avenue  as  may  be  neces- 
sary to  carry  off  the  surface  water  of  the  lands  which  shed 
theu'  water  across  the  line  of  such  street  or  avenue.  The 
saia  common  council  shall  have  power,  with  the  consent  of 
the  mayor,  to  lay  out  streets  in  said  city  and  to  place  the 
same  on  the  commissioners'  map,  and  to  change  said  map  by 
closing  and  striking  therefrom  or  altering  the  lines  of  any 
street  now  on  or  hereafter  placed  on  said  map. 

Chap.  674,  Laws  of  1893. 

See  Chap.  169,  Laws  of  1888. 

§  2.  Whenever  the  common  council  shall  have  declared,  by 
resolution,  its  intention  to  make  any  such  improvement,  or  when 
a  petition  shall  be  presented,  the  common  council  shall  cause  a 
notice  to  be  published  in  the  corporation  newspapers  that 
such  application  has  been  made,  and  of  the  time  (which  shall 
not  be  less  than  twenty-five  days  after  the  first  publication* 
such  notice),   when  they  will  proceed  on  such  petition  or  reso- 


*So  in  original. 


Local  Improvements.  298 


Title  XIX. 


lution,  which  notice  shall  be  published  daily  in  the  corporar- 
tion  newspapers  for  two  weeks  successively  ;  and  in  case  a  re- 
monstrance against  the  proposed  improvement,  signed  by  a 
majority  of  the  property  owners  to  be  affected  within  the  dis- 
trict of  assessment,  which  shall  be  fixed  by  the  common  council 
for  said  improvement  shaU  be  presented  to  them  on  or  before 
the  day  specified  in  said  notice,  they  shall  not  allow  the  said 
improvement  to  be  made,  or  proceed  therein,  but  nothing  in 
this  act  contained  shall  be  so  construed  as  in  any  way  to 
affect  the  proceedings  heretofore  commenced  by  the  common 
council. 

§  3.  No  proceedings  shall  be  commenced  by  the  common 
council  or  by  any  of  the  officers  of  the  city,  to  regulat(;  and 
grade,  or  to  pave  any  street  or  avenue  in  said  city,  the  ex- 
pense of  which  shall  impose  upon  any  city  lot  of  land  an 
assessment  exceeding  its  value,  independent  of  any  erection 
of  buildings  thereon,  and  which  value  shall  be  ascertained  as 
hereinafter  provided.  The  term  city  lot,  as  used  in  this  sec- 
tion, shall  be  held  to  mean  a  lot  or  plot  of  land  having  a 
frontage  on  the  line  of  the  improvement  of  not  less  than 
twenty  feet  and  a  depth  of  not  less  than  one  hundred  feet 
from  the  line  of  the  street  to  be  improved,  and  containing  an 
area  of  not  less  than  two  thousand  square  feet. 

Ch.  318,  Laws  of  1892. 

See  Ch.  56,  Laws  of  1892. 

§  4.  The  common  council  shall  lay  out  a  district  of  assess- 
ment in  every  case,  before  any  other  proceedings  are  had 
therein,  and  shall  cause  a  map  to  be  made,  on  which  map 
shall  be  designated,  by  feet  and  inches  as  near  as  may  be,  the 
several  pieces  of  land  and  premises  to  be  assessed  for  the 
improvement,  and  shall  estimate  the  expenses  of  any  im- 
provement or  work  referred  to  in  the  third  section  of  this 
title,  and  the  assessors  of  the  city  shall  ascertain  the  value 
of  the  premises  proposed  to  be  assessed  for  such  expenses, 
stating  how  much  of  Said  expenses  is  proposed  to  be  assessed 
upon  each  lot,  and  shall  report  the  same  to  the  common 
council  before  any  such  improvement  or  work  shall  be  or- 
dered or  determined  upon  by  the  said  common  council ;  such 
assessors  shall  at  the  same  time  report  to  the  common  coun- 


Title  XIX. 


299  Local  Improvements. 


cil,  for  their  information,  an  estimate  of  the  amount  of  ben- 
efit which  such  lot  will  derive  from  such  improvement ;  but 
such  estimated  benefit  shall  not  be  computed  as  a  part  of  the 
value  of  said  lots  for  the  basis  of  assessment  referred  to  in 
this  act. 

§  5.  All  persons  so  applying,  and  who  shall  have  signed  a 
petition  for  eiuy  such  improvement,  are  hereby  declared  liable 
for  all  charges  and  expenses  which  may  accrue  on  such  applica- 
tion if  the  same  is  refused  by  the  said  common  council ;  a  sum 
sufficient  to  cover  such  expenses  as  may  be  determined  by  the 
common  council  shall  be  deposited  by  tha  persons  so  apply- 
ing, with  the  treasurer.  The  sums  so  deposited  shall  be  re- 
turned to  them  if  the  improvement  shall  be  ordered,  and  not 
otherwise,  except  the  surplus  thereof  after  paying  such  ex- 
penses. 

§  6  If  the  common  council  shall  determine  that  such  im- 
provement shall  be  made  in  accordance  with  the  provisions 
of  this  act,  they  may  then  proceed  to  order  such  improve- 
ment or  work  to  be  done  ;  and  the  determination  of  the  com- 
mon council,  in  respect  to  all  the  facts  to  be  ascertained  for 
the  purpose  of  commencing  and  carrying  on  such  proposed 
improvement  or  work,  shall  be  final  and  conclusive  ;  provided 
that  such  action  shall  be  in  conformity  with  this  act,  and 
that  tne  assessment  for  the  expense  of  such  improvement 
shall  be  confined  to  the  district  of  assessment  laid  out  by  the 
common  council  as  aforesaid.  In  no  event  shall  any  expense 
for  any  improvement  or  work  contemplated  by  the  first  and 
second  sections  of  this  title  be  a  charge  against  the  City  of 
Brooklyn,  except  so  far  as  said  city  may  be  the  owner  of 
lands  to  be  assessed  for  such  work  or  improvement,  and  ex- 
cept in  cases  of  real  property  exempted  from  assessment  for 
local  improvements  under  the  provisions  of  section  thirty- 
two  of  title  twenty-two  of  this  act. 
Chap.  255,  laws  of  1889. 

§  7.  Hereafter  in  the  City  of  Brooklyn  before  any  money 
shall  be  expended,  or  any  contract  made  for  any  grading  or 
paving,  or  for  any  local  improvement  whatsoever,  except  sew- 
ering of  any  street  or  avenue,  flagging  or  reflagging  sidewalks 


Local  Improvements.  300 


Title  XIX. 


or  fencing  vacant  lots,  and  immediately  after  the  prospective 
costs  and  expense  thereof  shall  have  been  estimated  by  the 
common  council,  and  the  board  of  assessors  shall  have  made 
their  preliminary  report  thereon  as  provided  in  section  four 
of  this  title,  the  common  council  shall  cause  an  assessment  to 
be  laid  by  the  board  of  assessors  for  the  amount  of  such  esti- 
mated cost  and  expense,  in  the  case  of  each  local  improvement 
upon  the  district  laid  out  therefor,  but  shall  not  include  in  such 
assessment  any  amount  for  interest,  nor  for  assessors'  or 
collectors'  fees,  and  after  the  confirmation  of  such  assessment 
by  the  common  council,  the  common  council  shall  proceed  to 
cause  the  same  to  be  collected,  and  on  such  confirmation  such 
assessment  shall  become  and  be  a  lien  and  charge  on  the 
lands  so  assessed.  All  moneys  collected  on  such  assessment 
shall  be  credited  to  the  assessment  fund  aforesaid,  and  a 
separate  account  shall  be  kept  of  each  improvement. 
Chap.  599,  Laws  of  1892. 

§  8.  Whenever  one-third  of  the  amount  of  any  such  assess- 
ment shall  have  been  collected,  the  common  council  may 
authorize  a  contract  for  the  work  to  be  made  by  the  depart- 
ment of  city  wwks,  provided,  however,  that  no  such  contract 
shall  be  made,  unless  the  amount  unappropriated  of  the  said 
assessment  fund  shall  be  sufficient  to  pay  the  cost  of  said 
work  as  fixed  by  such  contract.  Upon  the  making  of  such 
contract  the  comptroller  shall  appropriate  and  set  apart  so 
much  of  the  said  assessment  fund  as  shall  be  necessary  to 
pay  the  cost  of  said  improvement. 

§  9.  Immediately  upon  the  making  of  a  contract  for  any 
such  local  improvement  the  assessment  therefor  shall  be 
revised  by  the  board  of  assessors,  and  if  the  estimate  made 
therefor  shall  have  been  greater  than  the  actual  cost  of  such 
improvement,  such  excess  shall  be  deducted  from  the 
amounts  assessed  against  the  several  parcels  of  land  in  the 
district  of  assessment  in  the  proportion  of  their  respective 
amounts,  and  if  any  part  of  such  assessment  shall  have  been 
collected,  the  portion  of  such  excess  shall  be  refunded  to  the 
person  paying  the  same.  If  the  cost  of  such  improvement 
shall  be  greater  than  the  amount  of  the  estimate  made  there- 
for; the  excess  of  such  cost  shall  be  added  to  said  assessment 


Titie  XIX. 


301  Local  Improvements. 


and  apportioned  upon  the  several  parcels  of  land  according 
to  their  respective  proportions  of  the  original  assessment. 
The  board  of  assessors  shall  prepare  a  list  showing  the 
amounts  of  such  additions,  and  shall  publish  in  the  corpora- 
tion newspapers  for  at  least  ten  days,  a  notice  of  the  time 
and  place  when  and  where  the  same  can  be  examined,  and 
objections  made  thereto,  and  after  hearing  such  objections 
shall  make  such  corrections  therein  as  they  deem  just,  and 
shall  certify  the.  said  additions  as  corrected  upon  the  original 
assessment-roll  to  the  collector  of  taxes  and  assessments,  and 
thereupon  the  amounts  so  added  shall  become  a  part  of  such 
original  assessment,  and  shall  be  a  lien  on  the  lands  assessed, 
and  shall  be  collected  without  any  further  warrant  in  the 
same  manner  and  with  the  same  affect  as  if  such  amount  had 
been  included  in  the  estimate  of  said  work.  No  rebate  shall 
be  allowed  upon  any  such  assessment,  and  no  such  assess- 
ment shall  be  returned  to  the  registrar  of  arrears  until  one 
year  after  the  revision  thereof,  or  one  year  after  the  commis- 
sioner of  the  department  of  city  works  shall  certify  Upon  the 
original  assessment-roll,  or  upon  the  abstract  thereof,  that 
the  said  assessment  does  not  need  revision. 

Chap.  599,  Laws  of  1892. 

See  Chap.  164,  Laws  of  1888. 

§  10.  No  moneys  collected  upon  such  assessment  levied 
for  one  improvement  shall  be  spent  upon  any  other  improve- 
ment ;  provided,  however,  that  the  moneys  advanced  from 
the  assessment  fund  shall  be  refunded  from  moneys  collected 
upon  the  assessment  for  the  improvement  upon  account  of 
which  the  advance  was  made.  Every  such  assessment  shall 
in  all  respects,  so  far  as  consistent  herewith,  be  governed  by 
the  same  provisions  and  entitled  to  the  same  exemptions,  and 
be  of  the  same  force  and  effect  as  are  the  other  assessments 
laid  in  the  City  of  Brooklyn  for  the  various  local  improve- 
ments provided  for  in  this  title.  But  nothing  in  this  section 
contained  shall  prevent  the  issuing  of  bonds  for  and  the 
completion  of  any  local  improvement  heretofore  authorized 
by  special  act  of  the  legislature  ;  nor  shall  the  common  coun- 
cil or  the  department  of  health  of  said  city  be  hereby  de- 
prived of  any  power  which  they  possess  to  abate  nuisances 
and  promote  or  protect  the  public  health. 


Local  Improvements.  302 


Title  XIX. 


§  11.  In  the  case  of  any  such  assessment,  the  common 
council  may,  at  any  time  before  any  contract  shall  be  made 
for  any  local  improvement  aforesaid  (but  not  after  such 
time),  cancel  such  assessment,  and  any  and  all  proceedings 
had  relating  thereto,  or  to  the  improvement  for  which  the 
same  was  laid,  and  in  case  of  such  cancellation,  all  moneys 
paid  for  or  on  account  of  such  assessment  shall  be  refunded 
to  the  person  or  persons  who  shall  have  paid  the  same,  or  to 
the  legal  representatives  of  such  person  or  persons.  All  pro- 
ceedings for  local  improvements  of  the  kind  specified  in  sec- 
tion seven  of  this  title  may  be  continued  and  completed,  and 
the  assessments  therefor  made,  revised,  perfected,  collected 
and  returned  as  provided  in  this  title. 

§  12.  All  expenses,  chargeable  in  any  proceeding  hereafter 
had  for  opening  or  widening  any  street  or  avenue  in  the  City 
of  Brooklyn,  for  searcher's  or  surveyor's  fees,  shall  be  included 
in  the  report  of  the  Commissioners  appointed  for  that 
improvement,  and  shall  thereafter  be  confirmed  by  the 
Supreme  Court  at  a  regular  or  special  term  thereof;  and  no 
such  expense  shall  be  due  or  payable  unless  included  and 
confirmed  as  herein  required. 

§  13.  It  shall  be  the  duty  of  the  department  having  in 
charge  any  work,  the  cost  of  which  is  to  be  paid  for  by  as- 
sessment, to  file,  with  the  comptroller  of  said  city,  a  certified 
copy  of  the  contract  under  which  said  work  is  to  be  done, 
together  with  a  copy  of  the  resolution  of  the  common  coun- 
cil directing  the  work  under  the  contract  to  be  done.  Such 
copies  shall  be  filed  with  the  comptroller,  within  five  days 
after  contracts  shall  have  been  duly  executed  by  the  con- 
tractor. 

§  14.  No  assessment  for  flagging  or  reflagging  sidewalks, 
fencing  vacant  lots,  digging  down  lots,  or  filling  in  sunken 
lots,  shall  be  levied  and  confirmed,  or  be  a  lien  upon  the  prop- 
erty to  be  assessed  therefor,  until  after  the  work  shall  have 
been  completed  according  to  the  contract,  and  a  certificate  of 
such  completion,  signed  by  the  department  having  the  mat- 
ter in  cherge,  shall  have  been  filed  with  the  comptroller ;  and 
it  is  hereby  declared  to  be  the  duty  of  the  department  hav- 


Title  XIX. 


303  Local  Improvements, 


ing  the  matter  in  charge,  within  five  days  after  the  comple- 
tion of  said  work,  to  file  said  certificate,  and  also  to  furnish 
the  common  council  a  statement  of  the  items  constitut- 
ing the  cost  and  expense  of  said  work,  together  with  the  fees 
and  percentage  now  provided  by  law,  and  the  filing  of  such 
certificate  shall  l^e  presumptive  evidence  that  such  work  has 
been  completed  according  to  contract. 

§  15.  The  common  council  shall,  after  receiving  the  state- 
ment mentioned  in  the  preceding  section,  by  resolution, 
direct  the  board  of  assessors  to  apportion  and  assess  the 
amount  thereof  upon  the  several  pieces  or  parcels  of  land 
and  premises  benefited  by  the  improvement  in  proportion  to 
the  benefit  derived  thereby;  and  all  subsequent  proceedings 
relative  to  levying,  confirming  and  collecting  any  assessment 
shall  be  as  provided  by  this  act,  except  that  the  board  of 
assessors  shall,  in  their  assessment  lists  or  report,  furnish  an 
estimate  of  the  value  of  each  separate  piece  or  parcel  of  lands 
assessed  :  and  no  assessment  of  any  piece  or  parcel  of  land, 
except  for  filling  in  lots,  as  provided  for  in  title  two,  section 
twelve  of  this  act,  shall  exceed  in  amount  the  value  thereof. 

§  16  .After  any  contract  for  a  local  improvement  shall  have 
been  entered  into,  and  a  certified  copy  thereof  shall  have  been 
filed  with  the  comptroller,  in  conformity  with  the  thirteenth 
section  of  this  title,  said  comptroller  is  hereby  authorized 
and  dh-ected  to  pay  to  the  contractor  or  his  assigns,  from 
time  to  time,  as  the  work  progresses  (but  not  oftener  than 
once  in  each  month),  eighty  per  centum  of  the  estimated 
value  of  the  work  actually  done  under  said  contract,  until  the 
same  shall  be  completed.  The  estimate  of  the  value  of  any 
such  work  shall  be  signed  by  the  surveyor,  and  also  by  the 
department  having  the  matter  in  charge,  and  approved  by 
the  auditor ;  and  upon  the  final  completion  of  any  contract 
and  filing  of  the  certificate  of  completion,  signed  by  the  offi- 
cers above  named,  the  comptroller  shall,  within  thirty  days 
thereEifter,  pay  to  the  contractor  or  his  assigns  the  balance  of 
the  amount  due  under  his  said  contract. 

§  17.  The  amounts  collected  from  any  and  all  assessments 
for  local  improvements,  together  with  all  defaults  and  interest 
on  the  same,  are  hereby  specially  appropriated  and  set  apart 


Xocal  Improvements.  304 


Title  XIX. 


for  the  payment  of  the  principal  and  interest  of  the  bonds 
iflsned  for  making  such  local  improvements. 

:§  18.  In  any  case  where  an  assessment  for  local  improve- 
imeat  has  been  heretofore  levied  and  confirmed,  and  the 
whole  ov  a  part  of  which  remains  unpaid,  the  common  council 
©hall  have  power  (if  they  shall  be  satisfied  tnat  injustice  has 
heretofore  been  done  to  the  parties  assessed),  to  direct  a  new 
^sessment  to  be  levied  for  the  amount  remaining  unpaid, 
^th  the  interest  thereon.  They  may  enlarge  and  extend 
tTae  district  heretofore  assessed  as  tbey  may  deem  just  and 
equitable,  and  the  board  of  assessors,  in  levying  and  assessing 
?5aid  new  assessment,  shall  credit  to  all  parties  who  may  have 
paid  the  previous  assessment  the  amount  so  paid  by  them, 
respectively,  and  their  property  shall  be  liable  only  for  tke 
balance,  if  any,  of  the  new  assessment,  over  and  above  the 
amount  so  paid  by  them  respectively,  and  all  proceedings  for 
levying,  confirming  and  collecting  said  new  assessment  shall 
be  as  is  now  provided  by  law 

§  19.  All  streets  and  squares  now  opened,  or  used  as  such, 
and  streets  and  squares  to  be  opened  and  widened  by  the 
proceedings  under  these  provisions,  or  to  be  ceded  to  and  ac- 
^oepted  by  the  common  council,  shall  be  under  the  jurisdic- 
tion, management  and  control  of  said  common  council  for  the 
purpose  of  making  the  improvements  before  mentioned,  and 
for  all  purposes  mentioned  in  or  necessary  for  the  fully  carry- 
ing into  effect  all  the  provisions  in  this  act,  and  the  powers 
.  granted  to  the  common  council  by  this  or  any  other  act. 

;§  20.  If  the  common  council  shall  deem  it  proper  to  cause 
'  avenues,  streets,  squares  or  places  to  be  opened,  widened  or 
extended,  they  shall  cause  application  to  be  made  to  the 
supreme  court,  in  the  second  department,  at  a  general  term 
thereof,  for  the  appointment  of  three  persons  as  commissioners 
to  estimate  the  expense  of  said  improvement,  and  the  amount 
tof  damages  to  be  sustained  therefrom  by  the  owners  of  lands 
and  buildings,  and  all  other  persons  interested  in  the  premi- 
ses who  may  be  affected  thereby.  The  persons  so  appointed 
-ekali  not  be  interested  in  the  improvement.  The  said  court 
^may  also  appoint  another  or  others  to  act  in  the  place  of  any 


Title  XIX. 


305  Local  Improvements^ 


one  or  more  of  such  commissioners  who  may  die,  decKn*^ 
serving,  remove  from  the  city,  be  or  become  interested  in  tbe - 
improvement,  or  from  any  cause  may  be  disabled  from  serviug^^ . 

§  21.  The  common  council  shall  cause  a  map  to  be  made,  , 
on  v^^hich  map  shall  be  designated,  by  feet  and  inches^  asat^. 
near  as  may  be,  the  several  pieces  of  land,  buildings  necesr-- 
sary  to  be  taken  for  the  improvement,  and  of  any  residue  of' 
lots  or  pieces  of  land  within  the  district  of  assessment,  of 
which  lots  and  pieces  of  land  only  a  part  will  be  required  ef . 
the  same  for  the  purpose  of  said  improvement ;  and  the  map  • 
aforesaid  shall  form  and  constitute  a  part  of  the  report  of • 
the  said  commissioners  of  estimate,  and  of  the  board  of  as^  - 
sessors  in  relation  to  the  said  improvement,  and  shall  be  de- 
posited with  said  reports  respectively  for  examination  in  tin©- 
office  of  the  clerk  of  the  County  of  Kings,  and  in  the  depart- 
ment of  city  works,  as  hereinafter  provided.    In  case  them 
shall  be  no  ward  maps  showing  the  lots  or  pieces  of  IsoaHL 
within  the  district  of  assessment,  the  map  to  be  made  as^- 
aforesaid  shall  also  show  the  several  pieces  of  land  with  the-i 
district  of  assessment. 

§  22.  The  said  commissioners  shall  be  sworn  before-  sam^?- 
officer  authorized  to  administer  oaths,  faithfully  and  im- 
partially to  perform  the  duties  which  shall  devolve  upon  them, 
by  virtue  of  said  appointment,  and  shall  then  proceed  witlt 
all  reasonable  dihgence  to  make  the  estimate  and  assessmeiat ., 
mentioned  in  the  preceding  section;  and  for  this  purpose  they 
shall  have  power  to  enter  upon  and  examine  any  premises  , 
which,  in  their  opinion,  will  be  affected  by  said  improvemeBi^. 
to  hear  the  proofs  and  allegations  of  the  parties  interested,  afc 
such  time  and  place  as  they  may  appoint,  and  to  continue  • 
such  hearing  by  adjournment,  from  time  to  time,  as  ihjB^  ; 
may  deem  proper. 

§  23.  The  report  of  said  commissioners  shall  be  made  in  &^ 
tabular  form,  with  columns,  in  which  shall  be  distinctly  givem 
the  whole  expense  of  the  proposed  improvement,  and  tfte^ 
several  items  of  such  expense,  the  number  on  the  map  of  the 
pieces  of  land  required  for  the  improvement,  and  of  any 
residues  within  the  district  of  assessment,  of  lots  or  pieces  cjH^ 


Local  Improvements.  306  Title  XIX, 

land  of  which  only  a  part  will  be  required  for  the  same,  the 
names  of  persons  interested  in  the  property  taken  for  the 
improvement,  and  the  nature  of  their  interest,  and  the 
amount  awarded  to  the  different  parties,  and  so  many  and 
such  other  different  columns  and  tabular  statements  as  may 
be  necessaiy  to  state  the  true  interests  of  the  parties  in  the 
lands  and  premises,  and  their  liabilities  in  relation  thereto. 

§  24.  When  a  residue  shall  be  left  of  any  lot  or  lots  neces- 
sary to  be  taken  for  such  improvement,  the  said  commission- 
ers may,  in  cases  where  injury  or  injustice  would  otherwise  be 
done,  and  with  the  consent,  in  wTiting,  of  the  owner  or  own- 
ers of  such  lot  or  lots,  include  the  whole  or  any  part  of  such 
residue  in  their  report  (briefly  describing  the  same),  and  es- 
timate separately  the  value  thereof.  Every  such  residue  or 
part  of  a  residue  which  shall  be  so  included  shall,  upon  the 
confirmation  of  said  report  as  hereinafter  provided,  and  the 
payment  or  tender  of  the  amount  at  which  the  same  shall 
be  so  estimated  to  the  owner  or  owners  thereof,  vest  in  fee 
simple  in  the  City  of  Brooklyn,  w^hich  shall  thereupon  sell 
and  dispose  of  the  same  at  a  price  or  prices  not  less  than 
the  sum  at  which  it  shall  have  so  estimated  to  the  owner  or 
owners  of  the  next  adjacent  land ;  and  if  he  or  they  shall 
not,  upon  reasonable  notice,  to  be  determined  by  the  com- 
mon council,  elect  to  take  the  same  at  such  price  or  prices, 
it  shall  be  disposed  of  at  public  auction  upon  such  notice  as 
the  common  council  shall  deem  proper,  for  the  best  price  or 
prices  that  can  be  obtained  for  the  same.  In  case  the  same 
shall  sell  for  a  less  sum  than  that  at  which  its  value  w^as 
estimated  by  the  commissioners,  the  deficiency  shall  be 
deemed  a  part  of  the  general  amount  of  loss  and  expense 
arising  from  the  improvement.  And  for  the  purpose  of  pro- 
viding for  the  event  of  such  deficiency,  and  for  the  payment 
of  the  amount  thereof,  the  commissioners  shall  include  in  the 
estimate  and  assessment  of  the  expense  of  such  improve- 
ment the  estimated  value  of  any  such  residue,  or  part  of  a 
residue,  which  may  be  included  as  aforesaid  in  their  report, 
and  upon  the  sale  of  the  same,  as  above  provided,  the  pro- 
ceeds thereof  shall  be  credited  and  allowed  to  each  of  the 
persons  assessed,  in  proportion  to  the  amount  of  the  respec- 
tive assessments  against  them. 


Title  XIX. 


307  Local  Improvements. 


§  25.  lu  other  cases  in  wbicl"  part  only  of  the  land  and 
premises  of  any  person  or  persons  will  be  required  for  any 
such  proposed  improvement,  the  fair  estimated  benefit  to 
be  derived  by  him,  her,  or  them,  in  common  with  others  for 
the  same  improvement,  shall  be  assessed  and  be  a  lien  upon 
the  residue  of  such  land  and  premises,  but  such  assess- 
ments shall  in  no  case  exceed  the  value  of  such  residue:  and, 
if,  in  the  opinion  of  the  court  to  whom  the  said  report 
shall  be  presented  for  confirmation,  as  hereinafter  provided, 
any  assessment  shall  exceed  such  value,  it  shall  be  good 
cause  against  confii-ming  the  report. 

§  26.  ^Yhen  ail  the  land  and  premises  of  any  person  or 
pei'sons  wull  be  required  for  the  contemplated  improvement, 
or  where  i^art  only  thereof  will  be  required,  and  the  esti- 
mated damages  to  be  sustained  by  the  appropriation  of 
such  part  to  the  purpose  thereof,  shall  exceed  the  fair  esti- 
mated benefit  which  in  common  with  others,  he,  she  or  they 
will  derive  from  the  said  improvement  the  amount  of  the 
estimated  damages  in  the  first  case,  and  of  the  excess  of  such 
estimated  damages  in  the  last,  shall  be  assessed  and  be  a 
lien  on  other  lands  and  premises,  according  to  the  estimated 
benefit  to  be  derived  from  the  said  improvement. 

§  27.  The  said  commissioners  shall  also  estimate  in  their 
said  report,  any  damages,  arising  from  the  said  improvements 
which  may  be  sustained  by  the  owner  or  owners  of  any  land 
bounded  on  the  public  highway,  by  reason  of  the  location  of 
the  proposed  street,  avenue  or  square  in  such  manner  as  to 
interpose  the  land  of  any  other  person  between  such  pro- 
posed street,  avenue  or  square,  and  the  said  highway ;  and 
the  amount  of  such  estimated  damages  shall  be  assessed  and 
be  a  lien  on  other  lands  and  premises,  according  to  the  benefit 
to  be  derived  by  them  respectively  from  the  said  improve- 
ment. 

§  28.  After  said  report  shall  be  completed,  it  shall  be  filed 
by  the  said  commissioners  in  the  office  of  the  clerk  of  the 
County  of  Kings.  They  shall  then  cause  a  Kotice  to  be  pub- 
lished that  the  same  has  been  completed  and  filed,  and  that 
they  will  meet  at  a  time  and  place  therein  to  be  specified,  not 
less  than  ten  days  from  the  first  publication  of  such  notice, 


Local  Improvements.  308  Title  XIX. 

to  review  their  report.  During  that  time  the  said  report  may 
be  examined,  free  of  expense,  by  all  persons  interested  ;  and, 
at  the  time  and  place  so  specified,  any  person  may  offer  objec- 
tions, in  writing,  to  the  said  report,  and  accompany  the  same 
with  such  affidavits  as  he  may  think  proper.  The  said  com- 
missioners shall  thereupon,  or  as  soon  as  conveniently  may  be 
thereafter,  review  their  said  report,  and  correct  the  same 
where  they  shall  deem  it  proper,  and  shall  then  again  file  the 
same  in  the  office  of  the  clerk  of  the  said  County  of  Kings. 
The  common  council  shall  then  cause  a  notice  to  be  published 
in  the  corporation  newspapers  employed  by  the  said  corpora- 
tion that  the  said  report  has  been  so  completed  and  filed,  and 
that  application  will  be  made  on  behalf  of  the  said  common 
council  to  the  county  court  of  the  County  of  Kings,  or  to  the 
said  supreme  court,  at  one  of  the  special  terms  thereof,  the 
same  to  be  specified  in  such  notice  (and  in  either  case  not 
less  than  ten  days  from  the  first  publication  thereof)  to  have 
said  report  confirmed.  During  the  said  space  of  ten  days^ 
the  said  report  shall  remain  open  to  the  insjDection,  free  of 
expense,  of  all  persons  interested ;  and  any  such  person  may, 
within  that  time,  appeal  from  said  report.  Such  appeal  shall 
be  by  notice,  to  be  served  on  the  clerk  of  said  common  coun- 
cil within  the  period  last  mentioned,  and  at  least  six  days 
before  the  time  at  which  the  said  report  is  to  be  presented  to 
the  court  for  confirmation,  which  notice  shall  be  accompanied 
with  copies  of  the  affidavits  which  shall  have  been  delivered 
to  the  commissioners  (if  it  shall  be  intended  to  use  or  refer 
to  copies  thereof  on  such  appeal),  and  also  with  a  brief  state- 
ment in  writing,  of  the  grounds  of  objection  to  such  report, 
and  of  the  manner  in  which  it  is  contended  that  the  same 
ought  to  be  altered. 

§  29.  Such  appeal  shall  be  heard  by  the  court  to  which  the 
said  report  shall  be  presented  for  confirmation  at  the  time 
the  same  shall  be  so  presented.  Copies  of  the  affidavits 
which  shall  have  been  delivered  and  served  as  aforesaid  (but 
no  others),  may  be  read  against  confirming  the  said  report, 
and  affidavits  may  also  be  read  to  sustain  the  same  ;  but  na 
<5ause  against  confirmation  shall  be  heard,  except  an  appeal 
shall  have  been  made  in  the  manner  provided  in  the  preced- 


Title  XIX. 


309  Local  Improvements. 


ing  section  of  this  act.  If  no  sufficient  reason  to  the  con- 
trary shall  appear  to  the  court,  they  shall  confirm  the  said 
report ;  or,  if  in  their  opinion,  the  same  ought  not  to  be  con- 
firmed, they  may  refuse  so  to  do ;  and  in  the  event  of  such 
refusal,  they  shall,  in  the  proper  case,  refer  it  back  for  revis- 
ion and  correction  to  the  same  or  other  commissioners  who 
shall  proceed  to  revise  and  correct  the  same,  and  cause  it,  or 
a  new  report,  to  be  filed  in  the  office  of  the  clerk  of  the  said 
•county.  The  common  council  shall  thereupon  cause  a  new 
notice  to  be  published  in  the  manner  required  in  the  preced- 
ing section  of  this  act  of  the  filing  of  such  report,  and  of 
their  intention  to  apply  for  the  confirmation  thereof.  The 
said  report  may  be  appealed  from  within  the  time  and  in  the 
manner  provided  in  the  said  section  :  and  such  appeal  shall 
be  proceeded  upon,  and  the  said  report  again  disposed  of  in 
the  manner  directed  by  this  section.  And  so  often  as  any 
such  report  shall  be  referred  back  for  revision  and  correction, 
the  like  proceedings  shall  be  thereupon  had  as  are  provided 
in  this  section  upon  the  first  reference  back  to  the  said  com- 
missioners. In  cases,  however,  where  the  said  court  can, 
they  shall  direct  specific  alteration  to  be  made  therein,  and 
such  alterations  shall  be  made  in  its  presence  or  during  the 
same  term,  they  may  thereupon  absolutely  confirm  the  said 
report  without  further  notice. 

§  30.  The  court  to  which  any  such  report  shall  be  pre- 
sented for  confirmation  shall  have  power,  in  their  discretion, 
to  award  costs  against  the  appellant  in  cases  where  the  ap- 
peal shall  not  be  prosecuted  or  sustained. 

§  31.  Upon  the  confirmation  of  the  report  of  the  commis- 
sioners of  estimate  of  the  expense  of  the  improvement,  it 
shall,  together  with  the  map,  be  delivered  to  the  board  of 
assessors  of  said  city,  whose  duty  it  shall  be  to  apportion  and 
assess  the  expenses  of  the  improvement,  as  determined  by  the 
report  of  the  said  commissioners,  upon  the  lands  and  prem- 
ises benefited,  or  intended  to  be  benefited,  by  the  improve- 
ment, within  the  district  of  assessment,  in  proportion  to  the 
benefit  derived  by  such  lands  and  premises  respectively  there- 
by. The  said  board  of  assessors  shall  make  their  appor- 
tionment and  assessment  in  a  report  or  list  in  tabulai'  forms, 


Local  Improvements.  3io  Title  XIX. 

with  columns,  giving  the  numbers  according  to  the  ward  map 
or  maps,  of  the  pieces  of  land  assessed  for  benefit :  or  when 
there  are  no  ward  maps,  according  to  the  map  made  by  order 
of  the  common  council  for  the  pui-po^  of  the  improvement 
as  aforesaid,  the  names  of  the  owners  or  occupants  there- 
of respectively,  the  amount  assessed  on  each  piece  of  land  on 
the  different  interests  therein,  the  balance  of  awards  to  be 
received  by  the  different  parties  over  their  assessments,  the 
assessment  to  be  paid  by  the  owners  of  the  pieces  of  land 
assessed  respectively,  and  by  other  persons  interested  there- 
in, the  balance  of  assessment  to  be  paid  by  any  such  owner 
or  persons  over  any  awards  made  to  them  respectively,  and 
such  other  statements  as  they  may  deem  necessary  to  make. 
And  upon  the  completion  of  the  report  of  said  board  of 
assessors,  the  same  proceedings  shall  be  had  in  relation 
thereto,  in  all  respects,  until  the  confirmation  thereof  by  the 
supreme  court,  as  are  required  in  relation  to  the  report  of 
the  commissioners  of  the  estimate  of  the  expense  of  the  im- 
provement by  sections  twenty-eight  and  twenty-nine  of  this 
title  :  and  all  the  provisions  of  said  section  for  review,  ap- 
peal, revision,  correction  and  confii-mation  thereof,  shall 
apply  thereto,  except  that  the  said  report  shall  be  filed  in  the 
office  of  the  department  of  city  works,  for  examination,  and 
that  if  the  court  shall  send  the  same  back  for  revision  and 
con*ection,  it  shall  be  sent  back  to  the  board  of  assessors  or 
other  commissioners  of  assessment.  Upon  the  confirmation 
of  the  report  of  assessment  list  of  the  said  board  of  assessors, 
and  not  until  then,  the  rights  of  the  owner  or  other  parties 
interested  in  the  lands  taken  to  the  awards  made  to  them 
respectively  shall  become  fixed,  and  the  common  council  shall 
be  thereupon  authorized  to  cause  such  improvements  to  be 
made.  In  case  any  assessment  list  or  report  of  the  board  of 
assessors  shall  be  afterward  set  aside  or  declared  void  for 
irregularity  or  other  cause  which  shall  not  affect  the  validity 
of  the  awards  made  in  the  same  improvement,  it  shall  be  the 
duty  of  the  boai'd  of  assessors  to  make  out  a  new  assessment 
list  or  report  in  the  manner  therein  provided,  which  further 
report  and  the  assessment  therein,  shall  be  subject,  in  all  re- 
spects, to  the  provisions  in  this  section,  and  otherwise  in  this 
act  provided  in  relation  to  the  original  reports  and  the  assess- 


Title  XIX. 


311  Local  Improvements- 


ments  thereby  made.  If  the  said  board  of  assessors  shall,  in- 
stead of  making  out  an  assessment  list,  as  aforesaid,  merely 
report  that  the  lands  and  premises  within  the  assessment  dis- 
trict are  not  benefited  to  the  amount  estimated  by  the  said 
commissioners  for  the  expenses  of  the  improvement,  as  the 
said  boai'd  of  assessors  may  and  shall  do,  if,  in  their  judg- 
ment, such  be  the  fact,  the  court  shall,  upon  the  presentation 
of  such  report,  for  confirmation,  order  the  proceedings  for 
said  improvement  to  be  discontinued,  and  thereupon  all  pro- 
ceedings had  in  relation  thereto  shall  be  null  and  void,  and 
the  city  shall  in  no  case  be  hable  in  relation  thereto.  It 
shall  be  sufficient  in  making  the  awards  and  assessments  for 
damages  or  benefits  under  this  act,  or  any  special  or  other 
act  relating  to  laying  out,  opening,  widening,  or  extending 
any  street.,  avenue,  boulevard,  pai'k  or  square  in  said  city,  for 
the  commissioners  appointed  or  to  be  appointed,  to  make  the 
same,  and  for  the  board  of  assessors  to  state  in  their  reports 
respectively,  the  name  or  names  of  the  parties  interested  in 
each  piece  or  pai-cel  of  land  and  buildings  or  other  property 
taken,  and  in  the  name  or  names  of  the  owners  or  occupants 
of  each  piece  of  land  assessed  for  benefit  as  said  names  may 
apjDear  in  the  office  of  the  collector  of  taxes,  and  all  assess- 
ments for  benefit  and  taxes  so  made,  shall  be  liens  upon  the 
land  in  regard  to  which  they  shall  be  made,  notwithstanding 
any  error  in  the  names  of  the  parties  interested,  owner  or 
owners  or  occupant,  the  same  as  if  such  name  were  correct. 
If  in  any  cases  searches  shall  be  necessary,  it  shall  be  the 
duty  of  the  attorney  and  counselor  of  the  city  to  make  them, 
by  virtue  of  his  office  as  by  this  act  provided,  and  in  such 
cases,  the  statutory  fees  of  the  register  of  the  County  of 
Kings  may  be  charged  and  no  more,  which  shall  be  included 
by  the  commissioner  in  the  estimated  expenses  of  such  im- 
provement for  the  benefit  of  the  city. 

§  32.  The  comptroller  shall  pay  to  the  persons  (or  to  attor- 
neys or  legal  representatives  of  such)  to  whom  damage  may 
have  been  awarded  in  such  report,  the  amount  of  such  dam- 
ages, with  interest  at  the  rate  of  six  per  centum  per  annum 
from  a  day  thirty  days  subsequent  to  the  day  of  confirmation 
of  the  respective  assessments,  pro  rata,  as  moneys  on  account 


Local  Improvements.  312 


Title  XIX. 


of  such  assessments,  shall  be  received  from  the  department 
of  collection. 

§  33.  The  commissioners  of  estimate  and  aesessment,  to  be 
appointed  as  aforesaid,  shall  be  allowed  four  dollars  each  for 
each  and  every  day  actually  and  necessarily  employed  about 
their  duties,  not  exceeding  for  the  three  commissioners  collec- 
tivelj'  the  sum  of  five  hundred  dollars,  which,  with  the  fees  for 
searches,  and  the  expenses  of  said  map,  and  the  fees  of  the 
clerks  of  the  couii;  for  any  service  required  by  the  provisions 
of  this  title,  and  the  collection  and  assessment  fees  as  by  this 
act  provided,  shall  be  estimated  as  a  part  of  the  expense  of 
the  improvement,  and  no  otner  expenses,  besides  the  amount 
awarded  for  damages,  than  those  herein  specified,  shall  be 
included  in  any  assessment. 

§  34.  In  cases  of  opening,  widening  or  extending  any  street, 
avenue  or  square,  road  or  highway,  under  the  provisions  of 
this  act,  the  county  court  of  the  County  of  Kings,  or  the 
county  judge  thereof  in  term  or  vacation,  or  a  justice  of  the 
supreme  court,  shall  have  power,  on  application,  to  appoint 
guardians  for  infants  or  incompetent  persons,  in  the  natui-e 
of  guardians  ad  litem,  to  protect  their  interests  or  prosecute 
appeals,  who  shall  be  entitled  to  receive  for  their  services  and 
attendance  before  the  commissioners,  and  also  on  appeal,  such 
compensation  as  the  court  or  a  justice  thereof  may  determine. 

§  35.  None  of  the  provisions  of  any  act  of  the  legislature 
of  this  State  shall  enable  or  permit  any  court  to  vacate  or  re- 
lease any  assessment,  in  fact  or  apparent,  whether  void  or 
voidable,  on  any  property,  for  any  local  improvement  in  the 
City  of  Brooklyn,  otherwise  than  to  reduce  any  such  assess- 
ment to  the  extent  the  same  may  have  been  in  fact  increased 
in  dollars  or  cents,  by  reason  of  fraud  or  irregularity,  and  in 
no  event  shall  that  proportion  of  any  such  assessment  which 
is  equivalent  to  the  fair  value  of  any  actual  local  improvement 
be  thereby  disturbed. 

§  36.  All  assessments  for  improvement  in  said  city,  when 
the  same  shall  have  been  confirmed  according  to  the  provisions 
of  this  act,  shall  constitute  and  be  a  lien  upon  the  property 
-assessed,  from  the  time  of  such  confirmation,  which  lien  shall 


Title  XIX. 


313  Local  Improvements. 


have  priority  over  all  other  liens  and  emcumbrances,  except 
liens  for  taxes  and  water  rates. 

§  37.  The  board  of  assessors  shall,  under  such  regulations 
as  they  may  adopt,  and  by  at  least  three  of  their  nuraber, 
apportion  and  assess  the  expenses  of  regulating,  grading  or 
paving,  or  regrading  or  repaving  streets,  and  of  constructing 
wells  and  pumps,  public  cisterns,  lamp-posts  and  lamps,  flag- 
ging sidewalks,  fencing  and  filling  in  lots,  and  of  all  other 
public  improvements,  except  as  in  this  act  otherwise  directed  ; 
and  the  commmon  council  shall  proceed  in  regard  to  the  as- 
sessments therefor  in  the  manner  herein  provided. 

§  38.  Upon  a  copy  of  the  resolution  of  the  common  coun- 
cil deciding  to  make  any  such  improvement  and  fixing  the 
amount  to  be  assessed  for  the  expense  thereof,  certified  by 
the  city  clerk  and  approved  by  the  mayor,  being  sent  to  the 
board  of  assessors,  they  shall  thereupon  proceed  to  view  the 
premises,  and  shall  assess  the  expense  of  said  improvement 
upon  the  several  lots,  pieces  or  parcels  of  land  benefited,  in 
proportion  to  the  benefit,  which,  in  their  opinion,  the  same 
shall  derive  from,  or  in  justice  ought  to  be  assessed,  for  the 
said  improvement.  But  whenever  any  of  the  lots,  pieces  or 
parcels  of  land  so  benefited  shall  be  under  water  and  belong 
to  the  State,  the  said  board  of  assessors  shall  in  respect  to 
such  land  make  such  assessment  on  the  right,  interest  and 
claim  to  and  in  the  said  land,  of  the  person  or  persons  who 
may  be  entitled  to  a  grant  of  such  lands,  from  the  commis- 
sioners of  the  land  office.  And  all  the  provisions  of  this  act 
applicable  to  said  improvement,  and  the  collection  of  the 
assessments  therefor,  shall  apply  to  such  right,  interest  and 
claim,  and  to  the  persons  entitled  to  the  same.  Nothing 
herein  contained  shall  be  construed  so  as  to  affect  the  title 
of  the  State  in  or  to  the  said  lands  ;  but  any  person  or  per- 
sons who  shall  take  the  title  to  said  lands  from  the  State, 
and  while  the  same  remains  unpaid,  shall  take  the  same 
subject  to  the  lien  of  said  assessments ;  provided  that  the 
provisions  herein  contained  shall  be  deemed  to  apply  to 
lands  under  water,  lying  in  the  eighth,  tenth,  twelfth  and 
twenty-second  wards  of  the  city,  and  to  none  others. 


Local  Improvements.  3U 


Title  XIX. 


§  39.  The  board  of  assessors  shall  make  a  report,  in 
writing,  of  the  assessments  so  made,  and  before  proceeding 
to  sign  the  same,  shall  give  notice  in  the  corporation  news- 
papers, which  notice  shall  be  published  for  ten  days  suc- 
cessively, of  the  time  and  place  when  and  where  the  parties 
interested  can  be  heard  :  and  after  hearing  the  parties,  the 
board  of  assessors  shall  proceed  and  complete  the  report  and 
sign  the  same,  and  return  the  said  report  with  all  objections 
in  wi'iting,  which  shall  be  presented  to  and  left  with  them 
by  any  of  the  parties  interested,  to  the  common  council,  who 
shall  refer  the  same,  in  case  of  any  objections,  in  writing,  to 
the  proper  committee  of  the  board.  The  said  committee 
shall  publish  a  notice  in  the  corporation  newspapers  for  ten 
days  successively,  to  the  parties  interested,  of  the  time  and 
place  when  and  where  they  will  meet  to  hear  them  on  the 
objections  and  report. 

§  40.  The  said  committee  shall  thereupon  examine  the 
matter  and  report  to  the  common  council,  and  shall  return 
to  them  the  said  report  of  the  board  of  assessors,  with  the 
objections  of  the  parties,  together  with  the  views  and  opin- 
ions of  the  committee  respecting  the  said  report. 

§  41.  The  common  council  shall  thereupon  examine  the 
matter,  and  may  correct  the  said  report  and  assessment,  and 
add  any  further  sum  for  interest  which  may  be  required  to 
reimburse  the  city  for  interest  due  or  to  become  due,  on 
account  of  bonds  issued  for  the  respective  improvements,  and 
send  it  back  to  the  board  of  assessors  for  reapportionment, 
or  may  confirm  the  same,  as  they  may  deem  just  and 
proper,  and  their  confirmation  in  the  matter  shall  be  final 
and  conclusive. 

§  42.  The  like  proceedings  shall  be  had  when  the  report 
of  the  board  of  assessors  is  sent  back  in  the  first  instance. 

§  43.  If  in  the  proceedings  relative  to  any  assessment  or 
assessments  for  local  improvements  in  the  City  of  Brooklyn, 
or  in  the  proceedings  to  collect  the  same,  any  fraud  or  legal 
irregularity  shall  be  alleged  to  have  been  committed,  the  the* 


*So  in  original. 


Title  XIX. 


315  Local  Improvements; 


party  aggrieved  thereby  may  apply  to  a  judge  of  the  su- 
preme court,  in  special  term,  who  shall  thereupon,  upon  due 
notice  to  the  counsel  of  the  corporation  proceed  forthwith  to 
hear  the  proofs  and  allegations  of  the  parties.  If,  upon  such 
hearing,  it  shall  appear  that  the  alleged  fraud  or  irregularity 
has  been  committed,  w^hereby  the  expense  of  any  local  im- 
provement has  been  unlawfully  increased,  the  court  shall 
have  authority  to  reduce  the  assessment  by  as  much  as  it 
shall  have  been  increased  by  such  fraud  or  irregularity,  and 
no  proceedings  shall  be  taken  by  virtue  of  this  act  to  vacate 
any  assessment  under  which  sales  of  the  property  assessed 
have  been  made,  nor  shall  any  assessment  be  vacated  for  the 
reason  that  the  property  assessed  is  described  as  in  the  name 
of  a  person  not  the  owner  or  occupant,  unless  the  party  pe- 
titioning to  have  the  same  vacated  shall  show  that  he  has 
been  aggrieved  thereby,  but  any  lands  which  may  be  dis- 
charged from  any  lien  pursuant  to  this  section  may  be  again 
assessed  in  the  manner  provided  by  this  title  for  the  levying 
of  assessments,  and  the  same  shall  be  a  lien  upon  the  lands 
so  assessed.  On  the  production  of  the  certificate  of  the 
judge,  before  whom  the  proceedings  shall  be  had,  that  a 
judgment  vacating  any  assessment  has  been  made  by  him,  it 
shall  be  the  duty  of  the  officer  having  charge  of  the  assess- 
ment lists  to  mark  the  assessment  according  to  such  certifi- 
cate. Any  person  applying  for  relief,  under  the  provisions 
of  this  section,  may  embrace  in  one  proceeding  any  or  all 
assessments,  for  local  improvements,  in  which  he  is  in- 
terested. 

§  44.  In  any  unconfirmed  assessment  for  local  improve- 
ment, when  the  amount  assessed,  or  that  would  be  assessed, 
on  any  piece  or  parcel  of  land  for  its  proportion  of  benefit, 
shall  exceed  the  amount  limited  by  law  relative  to  the  value 
of  the  land,  the  board  of  assessors  shall  ascertain  if  there  are 
parcels  of  land  not  included  in  the  district  of  assessment,, 
which,  in  the  judgment  of  the  board  of  assessors,  may  justly 
and  equitably  be  assessed  for  benefit  because  of  such  local 
improvement,  and  if  the  board  of  assessors  shall  so  find,  they 
shall  report  to  the  common  council  what  additional  lands 
may,  in  their  judgment,  be  assessed  for  benefit  for  such  im^ 


Local  Improvements.  316 


Title  XIX. 


provement,  and  the  common  council  shall  thereupon  enlarge 
and  extend  the  district  theretofore  assessed,  or  district  to  be 
assessed,  and  shall  direct  the  boai'd  of  assessors  to  apportion 
and  assess  the  amount  to  be  assessed  for  such  improvement 
in  conformity  with  the  provisions  of  section  fifteen  of  this  title, 
except  that  the  district  of  assessment  shall  be  the  enlarged 
district,  as  herein  provided.  But  if  the  board  of  assessors 
find  that,  in  their  judgment,  there  are  lands  not  included  in 
the  district  of  assessment,  which  may  justly  and  equitably  be 
assessed  for  benefit  because  such  local  improvement,  then 
they  shall  proceed  to  apportion  and  assess  the  several  pieces 
or  parcels  of  J  and  in  the  district  already  fixed,  in  proportion 
to  the  benefit  derived  by  the  improvement,  except  that  if  the 
amount  that  would  be  assessed  to  any  piece  or  parcel  of  land 
for  its  proportion  of  benefit  shall  exceed  the  amount 
limited  by  law  relative  to  the  value  (^f  the  land,  then  the 
amount  so  exceeding  such  limit  shall  be  deducted  from  the 
assessment  on  such  piece  or  parcel  of  land,  and  the  amount 
so  deducted  shall  be  reported  to  the  common  council  by  the 
board  of  assessors,  with  their  report  of  the  assessment  for 
such  local  improvement,  and  thereupon  the  common  council 
may  confirm  the  assessment  as  so  reduced,  and  provide  for 
the  deficiency  caused  by  said  reduction,  by  directing  the 
proper  authorities  to  place  an  amount  equal  to  such  de- 
ficiency in  the  annual  tax  levy.  All  assessments  heretofore 
laid  in  said  city  for  any  local  improvement  are  hereby  con- 
firmed and  the  amount  of  the  same  is  hereby  levied  as  a  tax 
on  the  several  pieces  or  parcels  of  land  on  which  the  same 
has  been  heretofore  assessed  and  apportioned,  but  the  pro- 
ceedings for  collecting  the  same  shall  not  be  deemed  to  be  in 
any  manner  affected  by  this  act. 

§  45.  The  common  council  may  take  proceedings  to  fill  up, 
to  grade  an}^  sunken  lots  whenever  a  petition  therefor  shall  be 
presented,  signed  and  duly  sworn  to  by  the  owners  of  a  ma- 
jority of  the  property  or  a  majority  of  the  owners  affected 
thereby,  and  said  proceedings  shall  be  conducted  in  the  same 
manner  as  proceedings  for  the  opening  and  improvement  of 
streets,  except  that  the  same  may  be  taken  whetner  there  are 
or  are  not  funds  in  the  city  treasury  to  pay  for  said  work. 


Title  XIX. 


317  Local  Improvements. 


§  46.  The  whole  cost  of  such  improvement  shall  be  assessed 
on  the  lots  so  filled. 

§  47.  The  contract  shall  be  awarded  to  the  lowest  bidder, 
who  shall  stipulate  therein  and  as  a  part  thereof  that  the  con- 
tractor shall  in  no  event  hold  the  city  liable  for  the  cost  of 
said  work  or  any  part  thereof,  but  will  rely  solely  for  pay- 
ment on  the  money  derived  from  the  collection  of  the  assess- 
ment for  said  work. 

§  48.  Such  assessment  shall  be  confirmed  and  become  a 
lien  on  the  property  within  three  months,  after  said  work  is 
complete  and  accepted  by  the  department  of  city  works,  or 
within  three  months  after  a  certificate  of  a  city  surveyor 
shall  be  furnished  to  said  board,  and  as  the  assessments  are 
received  by  the  comptroller  he  shall  pay  over  the  same  to  the 
contractor. 


I 


TITLE  XX. 


OF  ELECTIONS. 

Section  1.  The  board  of  elections  of  the  City  of  Brooklyn 
shall  consist  of  four  members,  who  shall  be  appointed  by  the 
mayor  of  said  city,  and  shall  be  known  as  commissioners  of 
election.  The  term  of  office  of  each  of  the  members  of  such 
board,  appointed  in  the  year  eighteen  hundred  and  ninety  or 
afterward,  to  fill  a  vacancy  in  the  board  as  then  appointed^ 
shall  continue  until  the  first  day  of  May,  in  the  year  eighteen 
hundred  and  ninety-five,  as  now  provided.  On  or  within 
thirty  days  after  the  first  day  of  May  in  the  year  eighteen  hun- 
dred and  ninety-five,  and  on,  or  within  thirty  days  after  the 
first  day  of  May  in  every  fifth  year  thereafter,  the  mayor  shall 
appoint  four  commissioners  of  election,  who  shall  constitute 
such  board  of  elections,  each  of  whom  shall  be  a  resident  and 
voter  of  the  City  of  Brooklyn,  and  not  more  than  two  of  whom 
shall  be  of  the  same  political  party.  The  term  of  office  of 
«ach  commissioner  of  elections  hereafter  appointed,  except 
when  appointed  to  fill  a  vacancy,  shall  be  five  years  from  the 
first  day  of  May  of  the  year  of  such  appointment,  but  any 
<5ommissioner  may  continue  to  serve  as  such  after  the  expira- 
tion of  his  term  until  his  successor  shall  be  appointed  and 
shall  have  qualified.  In  case  of  the  removal,  resignation,  or 
death  of  any  commissioner  of  elections,  within  thirty  days 
thereafter,  his  successor  shall  be  appointed  by  the  mayor  for 
the  remainder  of  the  term,  the  person  so  appointed  to  be  of 
like  political  faith  and  opinion  with  the  commissioner  whose 
vacancy  is  to  be  filled.  No  person  holding  any  public  office* 
of  any  kind,  under  either  the  United  States,  State,  county,  or 
municipal  government,  excepting  the  office  of  notary  public 
or  commissioner  of  deeds,  nor  any  employee  of  any  depart- 
ment in  said  city  shall  be  eligible  as  a  commissioner  of  elec- 
tions, and  all  votes  cast  at  any  general  or  special  election  for 
any  person  who  shall  have  served  as  commissioner  of  elections 
during  any  portion  of  the  three  months  immediately  preced- 
ing such  election  for  any  office,  shall  be  absolutely  void.  Every 


r 


Of  Election.  320  ,  Title  XX. 

person  who  shall  be  appointed  a  commissioner  of  elections  in 
pursuance  of  the  provisions  of  this  title,  shall  before  entering 
upon  the  discharge  of  his  duties,  talie  the  oath  of  office  pre- 
scribed by  law,  before  the  city  clerk  of  the  City  of  Brooklyn. 

§  2.  The  said  board  of  elections  shall  have  the  power  to 
elect  by  a  majority  vote,  or  in  case  they  cannot  so  elect  to 
select  by  lot  one  of  its  members  president  of  the  board.  The 
two  commissioners  of  like  political  faith  and  opinion,  shall 
have  power  to  appoint  a  clerk,  and  to  remove  him  from  office  ; 
and  the  remaining  two  commissioners  shall  have  the  power 
to  appoint  auother  clerk,  and  to  remove  him  from  office;  and 
the  said  board  shall  have  the  power  to  appoint  such  other 
assistants,  and  to  secure  such  room  or  rooms  as  may  be  neces-^ 
sary  for  the  transaction  of  their  business. 

?  3.  On  or  before  the  first  day  of  September  in  any  year 
which  they  may  deem  it  necessary  so  to  do,  the  said  board  of 
elections  of  the  City  of  Brooklyn  shall  divide  said  city  into 
convenient  election  districts  for  the  holding  of  all  general 
and  special  elections,  and  all  elections  of  the  officers  of  the 
said  city  who  are  elected  by  the  people.  Each  election  dis- 
trict of  said  city  shall  contain  not  more  than  three  hundred 
voters,  and  each  district  shall  be  entire  within  one  ward.  In 
case  the  voters  of  any  such  district  shall  increase  beyond 
three  hundred,  then  the  said  board  of  elections  shall  have 
power  to  redistrict  any  ward  where  such  increase  occurs. 
No  election  district  in  the  city  of  Brooklyn  shall  be  altered, 
nor  any  new  district  created,  after  the  first  day  of  September 
in  anj'  year. 

§  4.  As  soon  as  the  wards  in  said  city  shall  be  divided 
into  districts,  the  said  board  of  elections  shall  immediately 
publish  the  same  by  making  a  map  or  description  of  each 
division,  defining  it  by  known  boundaries,  and  keep  such 
map  or  description  open  for  public  inspection  in  the  office  of 
the  clerk  of  such  city,  and  also  by  posting  up  copies  of  such 
map  on  or  before  the  fifteenth  day  of  September,  in  each 
year,  in  at  least  ten  of  the  most  public  places  in  each  election 
district ;  and  the  said  board  of  elections  shall  also,  prior  to- 


Title  XX, 


321 


Of  Election. 


every  election,  furnish  copies  of  such  map  and  description  to 
the  registrars  and  inspectors  of  election  in  each  district. 

§  5.  The  board  of  elections  of  the  City  of  Brooklyn,  shall, 
on  the  third  Monday  of  September  in  each  and  every  year, 
designate  and  afterward  publish,  in  the  corporation  news- 
papers published  in  said  city,  on  the  days  of  such  registra- 
tration  and  the  day  of  election,  and  on  two  days  prior  to 
each  of  such  days,  including  Sunday,  the  boundaries  of  each 
election  district  and  the  places  for  holding  the  polls  in  said 
city,  and  for  the  meeting  of  the  said  boards  of  registrars  and 
inspectors.  But  no  building  or  part  of  a  building  shall  be 
designated  as  such  place  of  registry  or  polling  place,  in  any 
part  of  which  wine,  beer,  or  intoxicating  liquor  is  sold. 

§  6.  On  or  before  the  fifteenth  day  of  September  in  each 
year,  the  said  board  of  elections  shall  appoint,  for  each  elec- 
tion district,  two  persons  to  serve  as  registrars  of  electors, 
who  shall  also  serve  as  and  be  inspectors  of  elections,  on  or 
at  any  election.  On  or  before  the  fifteenth  day  of  October 
in  each  year,  they  shall  appoint,  for  each  election  district,  two 
other  persons  to  serve  as  inspectors  of  elections,  and  four 
persons  to  serve  as  canvassers,  two  persons  to  serve  as  poll 
clerks,  and  two  persons  to  serve  as  ballot  clerks.  In  each 
election  district,  one  of  the  two  regis trai'S,  and  one  of  the  two 
inspectors,  and  two  of  the  four  canvassers,  and  one  of  the  two 
poll  clerks,  and  one  of  the  two  ballot  clerks,  shall  be  named 
solely  by  the  two  commissioners  of  like  political  faith  and 
opinion  on  State  and  national  issues,  and  shall  belong  to  and 
represent  the  political  party  represented  by  such  commis- 
sioners, and  the  remainirig  registrar,  inspectors,  canvassers, 
poll  clerk  and  ballot  clerk  of  such  distiict  shall  be  named 
solely  by  the  other  two  commissioners,  and  shall  belong  to 
and  represent  the  political  party  represented  by  such  com- 
missioners. Any  registrar,  inspector,  canvasser,  poU  clerk, 
or  ballot  clerk,  may  be  removed  or  his  appointment  revoked 
and  another  person  of  like  political  faith  and  opinion  on  State 
and  national  issues,  appointed  in  his  place  by  the  two  com- 
missioners by  whom  he  was  appointed  :  and  any  vacancy 
occurring  in  either  of  said  offices  by  reason  of  resignation  or 
inability  to  serve,  may  be  filled  in  like  manner  by  the  two 


Of  Election. 


322 


Title  XX. 


commissioners  by  whom  the  appointment  to  such  office  was 
made,  at  any  time  before  the  opening  of  the  polls  on  election 
day.  In  case  any  poll  clerk  or  ballot  clerk  appointed  shall 
fail  to  attend  at  the  opening  of  the  polls  on  election  day,  the 
inspectors  of  like  political  faith  may  appoint  one  in  his  place; 
and  in  case  of  any  vacancy  occurring  during  the  voting  or 
canvassing  of  votes,  such  vacancy  may  be  filled  by  the  inspec- 
tors or  canvassers  of  like  political  faith,  and  the  said  inspec- 
tors and  canvassers  and  inspectors  shall  recognize  as  the  only 
proper  and  competent  poll  clerks  and  ballot  clerks  those  per- 
sons who  shall  produce  the  certificates  of  appointment  bear- 
ing the  latest  date,  and  none  other.  But  in  no  case  shall 
both  the  poll  clerks  or  ballot  clerks  or  registrars,  or  more 
than  two  of  the  persons  serving  as  inspectors  or  canvassers 
in  any  election  district  be  of  the  same  political  faith  and 
opinion:  and  in- case  of  the  appointment  of  a  poll  clerk  or 
ballot  c^erk  to  fill  a  vacancy  after  the  opening  of  the  polls  on 
election  day,  as  above  provided,  the  chairman  of  the  board 
of  inspectors  or  the  chairman  of  the  board  of  canvassers  shall 
administer  the  usual  oath  of  office  to  such  poll  clerk  or  ballot 
clerk  before  such  poll  clerk  or  ballot  clerk  shall  enter  upon 
the  discharge  of  his  duties. 

§  7.  The  said  registrars  of  electors  shall  make  the  registry 
hereinafter  provided  for,  in  the  City  of  Brooklyn,  and  the  said 
registrars  and  inspectors  shall  hold  the  elections  hereinafter- 
mentioned,  and  preside  at  the  same,  and  have  and  possess  all 
the  powers  and  be  subject  to  all  the  duties  and  liabilties  of 
inspectors  of  election.  The  registrars  of  each  election  dis- 
trict shall  meet  at  the  place  designated  for  holding  the  poll 
therein  at  the  next  general  election,  on  Tuesday,  four  weeks, 
Wednesday  of  the  third  week  and  Friday  and  Saturday  of 
the  second  week  preceding  the  day  of  the  November  election 
of  each  year,  for  the  purpose  of  registering  the  names  of  the 
legal  voters  of  such  election  district,  and  for  this  purpose  they 
shall  organize  themselves  as  a  board  of  registry  in  each  elec- 
tion district,  and  appoint,  or  in  case  they  cannot  agree,  select 
by  lot,  one  of  their  number  as  chairman  of  the  board.  The 
said  board  shall  be  and  remain  in  attendance  on  each  of  the 
days  above  named  at  said  designated  place,  from  seven  o'clock 


Title  XX. 


323 


Of  Election. 


in  the  forenoon  to  ten  o'clock  in  the  afternoon,  for  the  purpose 
of  making  a  list  of  all  persons  who  are,  or  will  be  on  the  day 
of  the  next  election,  qualified  and  entitled  to  vot«  at  such 
election  in  said  election  district,  under  and  in  accordance 
with  the  provisions  of  the  constitution  and  laws  of  this  State, 
and  who  have  pei-sonally  appeared  and  asked  to  be  regis- 
tered. The  name  of  no  person,  shall,  at  any  time,  be  en- 
tered ujxjn  said  registi-y  unless  the  elector  shall  personally 
appeal*  before  said  registrai"S.  Such  list,  when  completed, 
shall  constitute  and  be  known  as  the  registry  of  electors  of 
said  istiict.  Every  member  of  said  board  shall  make  a  list 
of  qualified  votei*s  in  the  district,  and  enter  therein,  under 
the  heading  of  the  street  or  avenue  in  which  each  voter  re- 
sides, his  name,  age,  residence,  and  the  duration  of  his  resi- 
dence in  the  State,  in  the  county,  and  in  the  election  distinct ; 
and  no  pei*son  shall  be  registered  unless  he  be  at  the  time  or 
will  be  on  the  day  of  the  next  election  a  resident  and  quali- 
fie<l  voter  within  the  election  district :  and  it  shall  be  the 
duty  of  the  registrars  receiving  his  name,  if  such  person  be 
challenged,  or  in  case  such  registrai-s  shall  have  causae  to 
suspect  such  pei-son  is  not  a  resident  of  such  district,  or  is 
from  any  cause  disqualified  from  voting  therein,  to  adminis- 
ter to  him  the  same  oath  which  the  law  prescribes  shall  be 
administered  to  a  challenged  pei-son  attempting  to  vote  at  a 
regular  election,  and  such  registrar's  shall  make  a  memoran- 
dum on  the  registry  opposite  the  name  of  every  pei*son  who 
has  been  thus  sworn.  The  fact  that  such  person  hos  been 
thus  sworn,  shall  not  prevent  his  being*  swora  again  if  chal- 
lenged for  any  cause  when  he  attempts  to  vote  at  the  next 
election.  It  shall  be  the  duty  of  every  natiu'alized  citizen, 
before  being  registered,  to  produce  to  the  registrars,  if  any 
registrar  shall  require,  his  natiu'alization  papers  for  their  in- 
spection and  to  make  oath  before  them  that  he  is  the  person 
pui-porting  to  have  been  natui-alized  by  the  papers  so  produced, 
unless  such  citizen  was  naturalized  previous  to  eighteen  hun-' 
dred  and  sixty-seven,  and  any  person  knowingly  taking  a 
false  oath  before  such  registrars  shall  bj  punished  as  for 
wilful  and  corrupt  perjury.  If  at  any  time  on  or  prior  to  the 
Thursday  preceding  the  day  of  election,  the  board  of  regis- 
trars in  any  election  district  shnll  be  satisfied  that  any  per- 


Of  Election. 


324 


Title  XX. 


sou  otherwise  eligible  as  a  voter  in  the  said  city  has  by  mis- 
take been  registered  in  the  election  district  in  which  said 
board  shall  have  been  and  shall  be  serving,  and  shall  be  en- 
titled to  be  rep^istered  in  another  district  in  the  same  ward, 
they  shall  strike  his  name  from  the  said  registry,  and  there- 
upon give  to  such  voter  a  certificate,  signed  by  said  board, 
that  his  name  has  been  stricken  from  their  said  registry  on 
account  of  such  mistake,  and  on  presentation  of  such  certifi- 
cate within  the  prescribed  hours  of  their  session,  as  herein 
provided,  to  the  registrars  of  the  district  where  said  voter, 
according"  to  law,  was  duly  entitled  to  be  registered,  his 
name  shall  1^8  entered  on  the  registry  in  such  district  with 
like  force  and  effect  as  if  he  liad  been  originally  registered 
therein.  If  any  person  who  has  registered  his  name  as  a 
voter  shall  change  his  residence  to  another  district  thirty 
days  or  more  before  the  election,  he  may  present  himself  to 
the  registrars  of  the  district  in  which  he  has  registered  and 
state  to  them  on  oath  that  he  has  so  changed  his  residence, 
and  the  place  to  which  he  has  removed.  Such  board  of  regis- 
trai'S  shall  thereupon  give  him  a  certificate  that  his  name  has 
been  stricken  off  on  account  of  such  removal,  and  shall  strike 
his  name  off  from  the  registry  on  which  it  hjis  been  entered  ; 
and  on  jjresentation  of  such  certificate  to  the  registrars  of  the 
district  to  which  he  shall  have  so  removed,  at  their  final 
meeting,  on  the  Thursday  preceding  the  daj-  of  election,  his 
name  shall  be  entered  on  the  registry  in  such  district,  with  a 
memorandum  of  such  removal. 

§  8.  If  any  voter,  after  being  registered,  shall  change  his 
place  of  residence  within  tue  same  election  district,  he  may 
appear  before  the  board  of  registrars  of  that  district  at  their 
final  meeting  on  the  Thursday  preceding  the  day  of  election, 
or  before  the  boai'd  of  inspectors  on  day  of  election:  and  state 
to  such  board  on  oath  that  he  has  so  changed  his  residence  ; 
and  such  board  shall  thereupon  transfer  such  voters's  name 
upon  their  registry  to  its  proper  place  under  his  new  resi- 
dence. 

§  9.  On  the  Monday  next  after  the  last  of  the  four  days 
hereinbefore  provided  for  the  registration  of  voters  the  said 
registrars  of  each  election  district  shall  make  and  complete 


Title  XX. 


325 


Of  Election. 


four  additional  lists  of  said  registry,  and  enter  therein  the 
names  of  the  persons  registered,  under  the  heading  of  the 
streets  or  avenues  in  which  they  reside,  their  age,  place  of 
residence  in  numerical  order,  length  of  time  of  residence  in 
the  state,  in  the  county  and  in  the  election  district,  and  in  a 
column  headed  "  remarks  "  if  to  be  challenged,  as  follows  : 


Name  of  Street  or  Avenue 


Resi- 
dence, 

IvCnph 

resi- 
dence 

in 
state. 

Len^h 

Lenph 

number 

Name  of 

Remarks. 

or 

.-A-ge. 

residence 

residence 

other 

Voter. 

in  the 

in  the 

(to  be  challenged) 

desig- 
nation. 

county. 

district. 

The  said  lists,  when  so  completed,  shall  be  signed  and  cer- 
titied  by  each  registrar.  Two  of  the  said  lists  shall  be  care- 
fully preserved  by  the  board  of  registrars  for  use  on  the  day 
of  election,  and  the  other  two  lists  shall  be  delivered  on  the 
following  day  to  the  board  of  elections,  and  it  shall  be  the 
duty  of  said  board  of  elections  to  print  and  distribute  for 
each  ward,  respectively,  fifty  times  as  many  copies  of  said 
lists  as  there  are  districts  in  the  ward,  in  phamphlet  form, 
so  that  each  ward  phamphlet  shall  contain  the  list  of  the 
several  election  districts  in  each  ward.  It  shall  also  be  the 
duty  of  the  said  board  of  elections  to  select  and  hire  all  polling 
places  and  place  them  in  proper  order  and  condition  ;  to 
furnish  to  the  various  election  officers  provided  for  in  this 
title,  such  registries,  maps,  books,  blanks,  instructions  and 
stationery  as  may  be  necessary  for  the  proper  discharge  of 
their  duties. 

See  Chap.  355,  Laws  of  1890. 

§  10.  On  the  Thursday  preceding  the  day  of  election  it 
shall  be  the  duty  of  the  registrars  of  each  election  district  to 
hold  a  meeting  from  eight  o'clock  in  the  forenoon  to  eleven 


Of  Election. 


326 


Title  XX. 


o'clock  in  the  efternoon,  at  the  polliDg  place  of  such  district, 
for  revising  and  correcting  the  registries  of  electors,  to  re- 
ceive testimonv  and  arrange  for  challenge  at  the  polls,  but 
no  name  shall  be  added  to  or  erased  from  any  registry  at  such 
meeting  except  on  cei  tificate  from  the  board  of  elections,  or 
another  board  of  registrars,  as  is  herein  provided.  They  shall 
prepare  four  lists  of  the  names  added  to  the  registry  of  the 
district  upon  such  certificates,  which  names  shall  be  entered 
in  such  lists  under  headings  as  hereinbefore  provided  for  the 
registries.  Such  lists  shall  be  known  as  supplemental  regis- 
tries, two  of  them  shall  be  retailed  by  tlje  registrars  for  use 
on  the  day  of  elestion,  and  the  other  two  shall  be  delivered 
ta  the  board  of  elections  at  or  before  noon  of  the  Friday  he- 
fore  the  day  of  election.  Such  supplemental  registry  in  each 
district  shall  be  considered  and  shall  be  a  part  of  the  regis- 
try thereof. 

11.  It  shall  be  the  dutv  of  said  registrtirs  and  said  in- 
spectors to  act  MS  inspectors  of  elections  in  the  districts 
wherein  they  are  ajipointed  at  the  nest  general  election  after 
such  appointment  They  shall  together  form  a  board  of 
inspectors  of  election  by  appointing,  or  in  case  they  cannot 
agree,  selecting  by  lot  one  of  their  members  to  be  chairman, 
and  shall  also  designati^  two  of  their  nunjber  at  the  opening 
of  the  polls,  who  shall  check  the  name  of  every  voter  voting 
in  such  district,  whose  name  is  on  the  registry,  and  no  vote 
shall  be  received  at  any  general  election  unless  the  name 
of  the  pej  son  offering  to  vote  be  on  the  said  registry,  and 
any  person  whose  name  is  on  th*^  registty  may  be  chal- 
len!?ed,  and  the  same  oaths  shall  l)e  put  as  are  n(»w  pre- 
scribed by  law,  and  no  person  shall  be  permitted  to  vote 
at  any  election  in  the  City  of  Brooklyn  unless  his  name  shall 
have  been  dulv  registered  in  accordance  with  the  provisions 
of  this  title.  It  shall  be  their  duty  to  l)e  in  constant  at- 
tendance during  the  hours  allotted  for  the  discharj^e  of 
th^ir  duties.  They  shall  p  rform  all  the  duties  and  pos- 
sess all  the  powers  of  inspectors  of  election  in  the  several 
towns  of  this  State,  as  now  prescribed  by  law.  The  inspec- 
tors shall  cause  the  lapse  of  every  hour  to  be  entered  upoA 
the  margin  of  the  poll-lists,  beginning  at  the  opening  of 


Title  XX. 


327 


Of  Election. 


the  polls,  and  continuing  from  hour  to  hour  :  by  noting  the 
hour  opposite  the  name  of  the  respective  voter,  and  causing 
their  chairman  to  sign  his  name  under  each  entry,  and  shall 
also  enter  the  time  of  the  closing  of  the  polls  opposite  to  the 
name  of  the  last  voter.  The  compensation  of  the  registrars, 
as  registrars,  shall  be  five  dollars  for  each  day  for  six  days 
only,  and  the  compensation  of  each  inspector  shall  be  five 
dollars,  and  that  of  the  poll-clerk  shall  be  five  dollars  for  the 
election  and  five  dollars  for  the  canvass,  and  that  of  each  of 
the  ballot  clerks  shall  be  five  dollars,  and  each  canvasser 
shall  receive  five  dollars  for  the  canvass,  and  shall  be  exempt 
from  jury  duty  tor  one  year  thereafter.  The  registrars  and 
the  inspectors  of  election  and  canvassers  in  each  election 
district,  while  discharging  any  of  the  duties  imposed  upon 
them  by  this  title,  shall  have  full  power  and  authority,  and 
they  are  hereby  required  to  preserve  order  and  enforce 
obedience  to  their  lawful  commands  at  and  around  the 
place  of  registration  or  election  duriug  the  day  of  any 
registration,  revision  of  registration,  election  or  canvass, 
estimate  or  return  of  votes,  to  keep  the  access  to 
such  place  open  and  unobstructed,  to  prevent  and 
suppress  riots,  tumult,  violence,  disorder  and  all 
improper  practices  tending  to  the  intimidation  or 
obstruction  cf  voters,  the  disturbance  or  interrup- 
tion of  the  work  of  registration,  revision  of  registration 
or  votiHg,  or  the  canvass  estimate  or  returns  of  votes,  and 
to  protect  the  voters,  challengers  and  persons  designated  to 
watch  the  canvass  of  any  ballots  from  intimidation  or  vio- 
lence and  the  rej^istries,  poll-books,  boxes  and  ballots  from 
violence  and  fraud,  and  to  appoint  or  deputize,  if  necessary, 
one  or  more  electors  to  communicate  their  orders  and  direc- 
tions* and  to  assist  in  the  enforcement  thereof. 
Chap.  234,  Laws  of  1893. 

?  12.  The  clerks  of  each  poll  shall  enter  upon  the  poll  list 
kept  by  them,  in  columns  prepared  for  that  purpose,  first, 
the  residence,  number  and  street  of  the  person  voting  ;  sec- 
ond, the  name  of  each  person  voting  ;  third,  his  age :  fourth, 
the  number  on  the  stub  of  the  ballot  received  by  him  and 


*So  ill  origiual. 


Of  Election. 


328 


Title  XX. 


voted  :  and  shall  perform  such  duties  as  are  imposed  by  law 
on  poll  clerks  in  the  City  of  Brooklyn. 

§  13.  The  ballot  clerks  of  each  polling  place  shall  receive 
from  the  inspectors  of  such  polling  place  all  the  official  bal- 
lots furnished  therefor,  at  the  opening  of  the  polls  thereof 
and  shall  deliver  one  of  each  of  the  ballots  to  each  voter, 
when  so  directed  by  the  inspectors,  each  of  which  ballots  shall 
have  on  the  stub  thereof,  the  same  number,  and  they  shall 
each  write  their  initials  on  the  stub  of  each  ballot,  and  shall 
render  and  deliver  to  the  board  of  elections  the  statement  re- 
quired by  chapter  two  hundred  and  sixty-two  of  the  laws  of 
eighteen  hundred  and  ninety. 

^  14.  Upon  the  closing  of  the  polls  and  immediately  there- 
after the  board  of  inspectors  shall  securely  seal  the  ballot  box 
and  the  box  containing  the  unvoted  ballots,  and  each  of  them, 
and  deliver  the  same  together  with  the  poll  lists  and  regis- 
tries of  electors  to  the  board  of  canvassers. 

§  15.  At  least  fifteen  minutes  before  the  closing  of  the  poll 
the  board  of  canvassers  shall  meet  and  organize  by  electing 
one  of  their  members  chairman  ;  they  shall  then  receive  the 
key  of  the  ballot  box  and  the  key  of  the  box  containing  the 
unvoted  ballots  from  the  police ;  and  it  shall  be  their  duty 
in  each  election  district  to  attend  at  the  place  of  holding  the 
poll  at  the  closing  thereof ;  they  shall  receive  from  the  board 
of  inspectors  of  election  the  said  ballot  box  and  box  contain- 
ing the  unvoted  ballots,  poll  lists  and  registries  of  electors, 
and  as  soon  as  the  poll  of  any  election  shall  have  been  finally 
closed  shall  canvass  and  count  the  votes.  Such  canvass  shall 
be  public,  and  shall  not  be  adjourned  or  postponed  until  it 
shall  have  been  fully  completed  ;  and  such  canvass  shall  be 
commenced,  conducted  and  completed,  and  the  result  stated 
in  the  manner  now  provided  by  law.  The  ballots,  immedi- 
ately after  the  same  shall  be  canvassed  and  counted,  shall  be 
placed  again  by  the  canvassers  in  the  ballot  box  from  which 
they  were  taken,  except  such  as  are  attached  to  the  returns 
of  the  election ;  and  the  canvassers  shall  place  in  the  ballot 
box  with  the  ballots  a  certificate  stating  the  number  of  votes 
cast  and  the  number  of  votes  by  them  attached  to  the  returns. 


Title  XX. 


329 


Of  Election. 


of  said  election  ;  and  said  ballot  box,  after  the  tickets  shall 
be  so  replaced,  shall  be  securely  sealed  up  by  the  canvassers, 
and  shall  then  be  deposited  by  them  in  the  department  of 
police,  and  shall  there  be  kept  undisturbed  and  inviolate 
until  needed  at  the  next  election,  unless  requh'ed  as  evidence 
in  any  court  of  record.  If  a  greater  number  of  ballots  shall 
be  found  in  the  box  than  is  required  by  the  corresponding 
columns  of  the  poll  list,  all  the  ballots  shall  be  replaced  in 
the  box,  and  one  of  the  said  canvassers,  to  be  designated  by 
the  board,  shall,  without  seeing  the  same,  and  with  his  back 
to  the  box,  pubHcly  draw  out  and  destroy  as  many  ballots 
unopened  as  shall  be  equal  to  such  excess ;  but  if  two  or 
more  ballots  are  so  folded  together  as  to  present  the  appear- 
ance of  a  single  ballot  they  shall  be  destroyed  if  the  whole 
number  of  ballots  exceed  the  whole  number  of  votes  deposi- 
ted in  the  box  in  which  such  tickets  are  found,  as  shown  by 
the  poll  lists  kept  by  the  poll  clerks. 

§  16.  The  canvassers,  when  they  shall  have  canvassed  all 
the  ballots  for  the  first  candidate  on  the  ticket,  shall  immedi- 
ately announce  the  result,  and  send  a  written  statement 
thereof,  subscribed  with  their  names,  to  the  ofi&cer  in  charge 
of  the  police  precinct  in  which  the  election  district  is  located; 
and  that  officer  shall  immediately  transmit  the  result  of  such 
statement  to  the  head  of  the  police  department,  and  so  on  as 
the  canvass  of  each  successive  candidate  is  completed.  Such 
statement  shall  contain  the  total  number  of  votes  in  such 
ballot  box,  and  the  number  of  votes  found  therein  for  each 
and  every  candidate.  The  officer  receiving  such  statement 
shall  file  it  in  his  office,  and  it  shall  be  regarded  as  presump- 
tive evidence  for  the  space  of  one  year,  of  the  facts  therein, 
stated  in  any  court  of  this  State,  in  any  action  or  proceed- 
ings. 

§  17.  Upon  the  completion  of  the  canvass,  the  canvassers 
shall  make  returns  in  triplicate,  and  shall  within  twenty- 
four  hours  deposit  them  as  follows,  under  a  penalty  of  fifty 
dollars,  to  be  recovered  as  pro^dded  in  the  nineteenth  section 
of  this  title  :  One  copy  shall  be  deposited  with  the  boai'd  of 
elections,  and  one  with  the  county  clerk.  The  remaining 
^opy  shall  be  deposited  with  the  police  department,  by  whom 


Of  Election. 


330 


Title  XX; 


it  shall  be  at  once  opened  and  its  contents  publicly  an- 
nounced on  a  bulletin  board.  It  shall,  also,  under  proper 
regulations  for  its  safekeeping,  be  open  for  the  inspection  of 
any  candidate.  Poll  clerks  in  the  several  election  districts  of 
the  City  of  Brooklyn  shall  file  with  the  city  clerk,  county 
clerk  and  police  board,  within  twenty-four  hours  after  the 
completion  of  the  canvass,  a  copy  of  their  original  tallies 
from  which  the  canvass  is  made  up  of  the  votes  cast  and 
counted  at  the  election,  signed  with  their'  respective  names 
and  addresses  and  indorsed  with  the  number  of  the  election 
district  and  ward.  The  poll  lists  shall  within  the  same  time 
be  filed,  one  with  the  board  of  elections  and  one  with  the 
county  clerk.  Canvassers  shall  sign  each  page  of  each  re- 
turn, and  shall  seal  the  returns  before  filing  them.  The  can- 
vassers shall  immediately  after  the  completion  of  the  can- 
vass, burn  without  examination  the  ballots  contained  in  the 
box  of  unvoted  ballots. 

§  18.  Each  person  who  shall  be  appointed  as  registrar, 
poll  clerk,  ballot  clerk,  inspector  or  canvasser  of  elections  in 
pursuance  of  the  provisions  of  this  title  shall,  before  enter- 
ing upon  the  discharge  of  his  duties,  t  ike  the  oath  now  pre- 
scribed by  law  for  registrars,  poll  clerks,  ballot  clerks,  inspec- 
tors and  canvassers  of  election  resj)ectively  before  a  member 
of  the  board  of  elections  or  one  of  their  clerks  or  as- 
sistants, who  are  hereby  authorized  to  administer  such 
oaths  ;  and  the  said  registrars,  poll  clerks,  ballot  clerks,  in- 
spectors and  canvassers  shall  file  the  same  with  the  said 
board  within  five  days  after  receiving  notice  of  their  appoint- 
ments, except  in  case  of  appointments  made  to  fill  vacan- 
cies ;  and  in  such  case  each  person  appointed  shall  take  such 
oath,  and  file  the  same  in  the  office  of  the  board  within 
twenty-four  hours  after  receiving  notice  of  his  appointment, 
and  such  appointment  shall  be  from  the  same  political  party 
as  the  person  in  whose  place  he  was  appointed.  In  case  any 
vacancy  occurs  among  the  inspectors  or  canvassers  after  the 
opening  of  the  polls  on  the  day  of  election,  it  shall  be  filled 
by  the  remaining  member  of  like  political  faith  of  said 
boards  respectively,  by  appointing  some  suitable  person  of 
the  same  political  faith  as  the  person  whose  place  is  to  be  so 


Title  XX. 


^31 


Of  Election. 


filled.  Ana  in  case  of  the  appointment  of  an  inspector  or 
canvasser  to  fill  a  vacancy,  after  the  opening  of  the  polls  on 
election  day,  as  above  provided,  the  chairman  of  the  board  of 
inspectors  or  the  chairman  of  the  board  of  canvassers,  shall 
administer  the  usual  oath  of  office  to  the  inspector  or  can- 
vasser so  appointed,  before  such  inspector  or  convasser  shall 
enter  upon  the  discharge  of  his  duties. 

§  19  Every  person  appointed  as  registrar,  poll  clerk,  bal- 
lot clerk,  canvasser  or  inspector  of  election,  failing  to  take 
and  file  the  oath  of  office  as  hereinbefore  provided,  or  who 
shall  willfully  neglect  or  refuse  to  discbarge  the  duties  of 
such  registrar  or  canvasser,  inspector,  poll  clerk  or  ballot 
clerk,  shall,  unless  excused  by  the  board  of  elections,  be  liable 
to  a  penalt}'  of  one  hundred  dollars,  to  be  sued  for  and  re- 
covered by  said  board  in  any  court  of  record,  in  the  name  of 
the  City  of  Brooklyn,  for  the  use  and  benefit  of  the  city 
treasury ;  and  any  registrar,  inspector,  canvasser,  poll  clerk 
or  ballot  clerk  who,  being  removed  for  any  cause,  shall  fail 
upon  demand  to  deliver  over  to  his  successor  the  registry 
list,  or  any  tally  sheet,  book,  paper,  memorandum  or  docu- 
ment relating  to  the  election,  so  far  as  he  has  made  it,  shall 
be  liable  to  a  like  penalty  of  one  hundred  dollars,  to  be  re- 
covered in  the  same  manner. 

§  20.  Any  registrar,  inspector  or  canvasser  of  elections,  poll 
clerk  or  ballot  clerk,  who  shall  willfully  absent  himself  from 
his  duties  shall  be  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof  shall  be  punished  by  imprisonment  in  the  county 
jail  for  not  less  than  thirty  days  and  not  to  exceed  sixty 
days  ;  and  any  person  knowingly  acting  as  registrar,  inspec- 
tor, poll  clerk,  ballot  clerk  or  canvasser  of  elections  without 
the  qualifications  herein  prescribed,  shall  on  conviction  thereof 
be  deemed  guilty  of  a  misdemeanor  and  shall  be  punished 
in  a  like  manner. 

§  21.  Any  person  who  shall  knowingly  make  any  false 
statement  to  any  board  of  registrars  or  inspectors  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction 
thereof,  be  punished  by  imprisonment  in  the  county  jail  for 
not  less  than  thirty  days  and  not  to  exceed  three  months. 


Of  Election. 


332 


Title  XX. 


§  22.  Any  registrar  who  shall  register  the  name  of  any 
person  knowing  him  not  to  be  entitled  to  be  so  registered,  or 
any  person  who  shall  cause  his  name  to  be  registered  in  more 
than  one  election  district,  except  only  to  correct  a  mistake,  as 
herein  provided,  or  who  shall  cause  his  name  to  be  registered, 
knowing  that  he  is  not  a  qualified  voter  in  the  district  where 
such  registry  is  made,  or  who  shall  falsely  personate  any 
registered  voter  or  register  or  attempt  to  register,  or  vote  or 
offer  to  vote  under  a  false  name  shall  upon  conviction,  be 
imprisioned  in  the  state  prison  for  not  less  than  one  year  nor 
more  than  two  years. 

§  23.  Any  person  who  shall  mingle  or  attempt  to  mingle 
any  ballot  or  ballots  that  have  not  been  voted  with  any 
ballots  that  have  been  voted,  with  intent  to  prevent 
a  correct  canvass,  or  who  shall  destroy  or  remove  any 
ballot  that  has  been  voted  with  like  intention,  or  who  shall 
abstract  or  in  any  respect  forge,  alter  or  destroy,  or  make  way 
with  any  registry,  certificate  count,  tally,  statement  or  return, 
or  any  writing  required  to  be  kept  by  this  title  or  by  any  of 
the  laws  of  this  State,  relating  to  elections,  or  any  officer  of 
elections,  or  person  acting  as  such,  who  shall  willfully  refuse 
or  neglect  to  deposit  in  the  proper  ballot  box  any  ballot 
offered  to  him  by  any  person  for  that  purpose,  unless  for  just 
cause  he  immediately  return  it  to  such  person,  or  shall  falsely 
count,  read  or  tally  any  name  or  names  on  any  ticket  that  has 
been  voted,  or  falsely  announce  the  number  of  tickets  or 
ballots  any  person  has  voted,  or  the  result  of  any  canvass;  or 
shall  knowingly  deposit  it  in  the  box  ballots  offered  by  per- 
sons who  are  not  registered,  or  shall  make  any  return  or 
statement  required  by  this  act,  or  by  any  of  the  laws  of  this 
State  relating  to  elections,  knowing  the  same  to  be  untrue, 
or  shall  be  guilty  of  any  fraud,  in  the  execution  or  the  duties 
of  such  office,  shall  on  conviction  be  punished  by  imprison- 
ment in  a  state  prison  for  not  less  than  one  or  more  than 
three  years.  The  term  "  officers  of  election,"  used  in  this 
section  shall  apply  to  £ind  embrace  registi'ars,  inspectors,  can- 
vassers, poll  clerks  and  ballot  clerks,  and  all  persons  who  shall 
act  in  either  of  such  capacities. 


Title  XX. 


333 


Of  Election. 


§  24.  No  person  shall  be  appointed  as  registrar,  inspector 
of  elections,  canvasser,  poll  clerk  or  ballot  clerk  unless  he 
shall  be  at  the  time  of  his  appointment  a  qualified  voter  in, 
and  resident  of  the  ward  containing  the  election  district  for 
•which  he  may  be  appointed,  and  able  to  read,  write  and 
speak  the  EngUsh  language.  And  no  person  shall  be  so  ap- 
pointed who  shall  hold  at  the  time  of  appointment  any  public 
office  or  place  of  public  trust  (except  that  of  a  notary  public 
or  commissioner  of  deeds,  or  a  registrar,  inspector,  canvasser, 
poll  clerk  or  ballot  clerk  under  this  title),  whether  elected  or 
appointed  thereto,  or  who  shall  be  at  such  time  employed  in 
any  public  office,  or  by  any  public  officer,  whose  services  are 
paid  for  out  of  the  public  moneys,  or  who  shall  be  a  candi- 
date for  any  public  office  at  the  election  for  which  he  is  to 
serve.  And  any  person  appointed  as  such  registrar,  inspec- 
tor, poll  clerk,  ballot  clerk  or  canvasser  who  shall  be  ap- 
pointed or  elected  to,  or  accept  or  become  a  candidate  for 
such  public  office  or  such  employment  therein,  or  by  any 
public  officer  aforesaid,  shall  immediately  thereupon  cease  to 
be  such  registrar,  inspector,  poll  clerk,  ballot  clerk  or  can- 
vasser, and  the  place  of  such  registrar,  inspector,  poll  clerk, 
ballot  clerk  or  canvasser  shall  thereupon  be  filled  by  the  said 
members  of  the  board  of  elections  as  hereinbefore  provided 
for  the  filling  of  vacancies  by  said  members  of  the  board  of 
elections  respectively. 

§  25.  It  shall  be  unlawful  for  any  registrar,  inspector, 
canvasser  or  poll  clerk  to  distribute  or  offer  to  distribute,  or 
give  out  any  ballots,  tickets  or  vote  to  any  person  during 
the  time  the  polls  shall  be  open  with  the  intent  or  for  the 
purpose  that  the  same  shall  or  may  be  voted  ;  or  to  have  in 
his  possession  or  within  his  control  any  ballot  or  ballots, 
ticket  or  tickets,  vote  or  votes,  except  in  the  lawful  dis- 
charge of  his  duty  as  prescribed  by  this  title;  and  by  chap- 
ter two  hundred  and  sixty-two,  of  the  laws  of  eighteen  hun- 
dred and  ninety  ;  provided,  however,  that  nothing  herein 
<x)ntained  shall  be  deemed  to  prohibit  such  officer  from 
lawfully  exercising  his  individual  right  to  vote.  No  can- 
vasser shall,  during  any  portion  of  the  canvass  of  the  votes, 
have  in  his  possession  or  within  his  control,  any  ballot, 


Of  Election. 


334 


Title  XX. 


ticket  or  votes,  except  in  the  lawful  dischar^?e  of  his  duty 
as  prescribed  in  this  title.  Each  voter  shall  be  admitted 
into  the  room  where  the  votes  are  received  when  he  deposits 
his  ballot,  and  the  ballot  box  to  be  so  placed  that  it  and 
its  contents  shall  be  visible  at  all  times  during  the  day 
and  until  the  counting  of  the  ballots  shall  be  completed,  to 
any  persons  who  are  voting,  and  to  those  who  are  watching 
the  voting  and  the  counting  of  the  ballots.  Any  person 
convicted  of  a  violation  of  any  of  the  provisions  of  this  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof,  shall  be  punished  by  imprisonment  in  the 
county  jail  for  not  less  than  three  nor  more  than  tw^elve 
months. 

§  26.  The  salaries  of  said  board  of  elections  and  their 
clerks,  and  the  necessary  expenses  of  said  board  and  the 
legal  compensation  of  all  registrars,  inspectors  and  can- 
vassers of  election,  poll  clerks  and  ballot  clerks  ;  the  cost  and 
expenses  of  all  necessary  election  notices,  posters,  maps,  ad- 
vertisements, registries,  books,  pamphlets,  blanks,  official  and 
sample  ballots  and  stationery,  the  rent  and  cost  of  fitting  up. 
warming,  lighting,  cleaning,  and  safe  keeping  of  all  places  of 
registration,  revision  of  registration,  and  polling  places,  the 
building,  care  of  and  repairing  of  voting  booths  and  build- 
ings for  registering  and  polling  places,  together  with  guard 
rails  and  all  furniture  appertaining  thereto,  of  furnishing, 
repairing,  storing  and  carting  ballot  boxes,  buildings,  booths, 
guard  rails  and  furniture,  and  all  supplies  of  every  kind  and 
nature  for  all  elections  in  the  City  of  Brooklyn,  and  insui'ance 
to  such  an  amount  as  to  the  said  board  may  seem  just  on 
buUdings,  booths,  ballot  boxes  and  furniture,  shall  be  a  city 
charge  and  shall,  upon  proper  certificate  and  vouchers,  after 
being  audited  by  the  auditor  of  the  City  of  Brooklyn,  be  paid 
by  the  comptroller  of  said  city.  Said  board  of  elections  may 
make  requisitions  on  the  comptroller  for  such  sums  as  shall 
be  necessary  for  such  payments.  Each  commissioner  of  elec- 
tions shall  be  paid  for  his  services  at  the  rate  of  four  thousand 
dollars  a  year,  and  the  clerks  shall  receive  a  salary  to  bo  fixed 
by  the  board  at  a  rate  not  exceeding  two  thousand  dollars  a 
year. 


Title  XX. 


335 


Of  Election. 


?  27.  Whoever  during  the  silting  of  any  board  of  regis- 
trars, inspectors,  or  canvassers  of  elections  in  any  election 
district  in  the  City  of  Brooklyn,  whether  held  for  the  purpose 
of  registration,  revision  of  registration,  reception  or  canvass 
of  votes,  or  of  making  returns  thereof  shall  bring,  take, 
order  or  send  into,  or  shall  cause  to  be  taken,  brought, 
ordered  or  sent  into,  or  shall  attempt  to  bring,  take  or  send 
into  any  place  of  rejjistration,  or  revision  of  registration,  or 
of  election,  any  distilled  or  spirituous  liquors  whatever,  or 
shall  at  any  such  time  and  place  drink  or  partake  of  such 
liquors,  shall  be  deemed  guilty  of  a  misdemeanor. 

§  28.  On  the  Monday,  Tuesday,  Wednesday  and  Thursday  of 
the  week  immediately  preceding  any  general  election  the  board 
of  elections  shall  be  in  session  at  their  rooms  from  nine  o'clock 
in  the  forenoon  until  nine  o'clock  in  the  afternoon  of  each  of 
such  da\s,  at  each  of  which  sessions  at  least  two  members  of 
the  board,  being  of  different  political  f  aith  and  opinion,  shall  be 
present.  At  any  such  session  of  the  board  any  naturalized  citi- 
zen who  may  have  been  naturalized  on  any  day  subsequent  to 
the  last  day  of  registration  and  ten  days  before  the  day  of  elec- 
tion, or  who  has  failed  to  register  because  of  the  error  or  mis- 
take of  anv  board  of  registrars,  may  appear  before  said  board  of 
elections  and  make  application  for  a  registration  certificate. 
Every  such  applicant  shall  make  an  affidavit  before  one  of 
the  commissioners  of  election,  they  being  hereby  authorized 
to  administer  such  oaths,  wherein  he  shall  set  forth  his  name, 
his  residence,  his  age,  the  length  of  time  of  his  residence  in 
the  State,  the  county,  and  the  election  district  in  which  he 
desires  to  be  registered,  the  date  of  his  naturalization  if  a 
naturrilized  citizen,  and  the  reasons  of  his  ha^g  failed  to 
register ;  and  in  addition  to  such  facts,  he  shall  answer  such 
questions  in  relation  thereto  as  either  commissioner  may  ask, 
and  such  answers,  if  so  required  by  either  commissioner,  shall 
be  included  in  such  affidavit.  If  from  such  affidavit  it  ap- 
pears that  the  appHcant  is  or  on  the  day  of  election  will  be  a 
duly  quahfied  voter  and  is  entitled  to  be  registered,  and  has 
failed  to  register  for  the  reasons  hereinbefore  set  forth,  any 
two  commissioners  of  elections,  being  of  different  political 
faith  and  opinion  may  grant  and  give  to  him  a  registration 


Of  Election. 


336 


Title  XX. 


certificate.  Every  such  registration  certificate  shall  bft 
addressed  to  the  registrars  of  the  election  district  wherein 
the  applicant  is  entitled  to  be  registered,  and  shall  state  the 
applicant's  name,  residence,  age,  and  the  length  of  time  of 
his  residence  in  the  State,  county  and  the  election  district, 
and  shall  direct  the  said  registrars  to  register  the  person 
named  therein  upon  presentation  to  them  by  him  in  person 
of  such  certificate,  and  shall  be  signed  by  each  of  the  com- 
missioners granting  the  same.  Upon  such  personal  presen- 
tation of  any  such  registration  certificate  to  the  registrars  of 
the  proper  election  district,  at  tlif^ir  meeting  on  the  Thursday 
preceding  the  day  of  election,  they  shall  register  the  person 
named  therein,  and  enfrer  his  name  in  the  supplemental  reg- 
istry as  hereinbefore  provided. 

§  29.  The  board  of  elections  shall  keep  an  alphabetical  list 
of  the  names  of  all  persons  to  whom  registration  certificates 
are  given,  in  which  list  shall  be  stated,  opposite  each  name, 
the  date  of  the  certificate,  the  number  of  the  ward  and  the 
election  district  to  which  directed,  and  the  names  or  initials 
of  the  commissioners  granting  the  same.  Every  such  regis- 
tration certificate,  upon  which  the  person  named  therein  has 
been  registered,  shall  be  retained  by  the  registrars  receiving 
the  same,  and  by  them  returned  to  the  board  of  elections  on 
the  Friday  preceding  the  day  of  election,  and  such  certificate 
shall  be  preserved  by  the  board  of  elections  at  least  one  year. 

§  30.  It  shall  be  the  duty  of  the  board  of  elections  to  pub- 
lish the  several  notices  and  advertisements  in  relation  to  any 
election  which  are  now  required  by  law  to  be  published  by 
any  official  or  board  in  the  City  of  Brooklyn. 

§  31.  If  any  special  election  shall  be  ordered  in  the  City 
of  Brooklyn,  it  shall  be  the  duty  of  the  board  of  registry, 
within  the  district  in  which  such  special  election  is  to  be 
held,  to  meet  on  the  Tuesday  preceding  such  special  election, 
from  eight  in  the  forenoon  to  eleven  o'clock  in  the  evening, 
for  the  purpose  of  revising  and  correcting  the  registries. 
And  at  such  meeting  they  may  add  to  the  registries  the 
names  of  all  unregistered  persons  who  would  be  entitled  to 
vote  at  such  special  election,  as  provided  in  the  ninth  section 


Title  XX. 


337 


Of  Election. 


of  this  title,  each  in  his  proper  district  and  on  proper  certifi  - 
cate,  as  provided  for  in  section  seven  of  this  title,  the  names 
of  any  persons  who  have  changed  their  residence  since  the 
previous  registry. 

§  32.  The  chairman  of  each  board  of  registrars,  inspectors 
and  canvassers  shall,  within  twenty-four  hours  after  any  elec- 
tion, furnish  to  the  board  of  elections,  under  his  hand,  a  cer- 
tificate stating  the  days  of  actual  service  of  each  member  of 
such  board  under  this  title  ;  and  the  chairman  of  the  board 
of  canvassers  shall  also  furnish  to  each  canvasser  a  certificate 
of  his  services  as  such  canvasser,  which  shall  entitle  him  to 
exemption  from  jury  service  for  a  period  of  one  year  from  its 
date.  If  his  certificate  shall  be  willfully  false,  he  shall  be 
liable  to  a  penalty  of  one  hundred  dollars. 

§  33.  The  powers  of  appointment  hereinbefore  given  to,  and 
any  duty  required  to  be  performed  by,  the  two  members  of 
said  board  of  elections  of  like  political  faith  and  opinion  shall 
vest  in  and  be  exercised  by  one  of  said  two  members,  in  case 
of  the  death,  resignation  or  other  inability  to  serve,  of  his 
colleague  in  political  faith  and  opinion. 

§  34.  All  acts  and  parts  of  acts  inconsistent  with  this  act, 
so  far  as  the  same  are  applicable  to  the  City  of  Brooklyn,  are 
hereby  repealed. 

§  35.  This  act  shall  take  effect  immediately. 

See  Chap.  355,  Laws  of  1890,  Sees.  7,  9  and  11 ; 
this  entire  title  is  amended  by  Chap.  236,  Laws  of  1891. 
See  General  Election  law,  Ch.  680,  Laws  of  1892. 
See  Chap.  275,  Laws  of  1894. 


TITLE  XXI 


COURTS  OF  JUSTICE  OF  THE  PEACE  AND  POLICE 
COURTS. 

Section  1.  The  City  of  Brooklyn  is  hereby  divided  into  three 
judicial  districts  as  follows  :  The  first  district  shall  embrace 
the  territory  now  embraced  in  the  first,  second,  fifth,  sixth, 
eighth,  tenth  and  twelfth  wards.  The  second  district  shall 
embrace  territory  row  embraced  in  the  third,  fourth,  seventh, 
ninth,  eleventh,  twentieth,  twenty-first,  t wen tj'- second,  twtnty- 
third,  twenty -fourth,  twenty  fifth  and  twentj^-sixth  wards. 
The  third  district  shall  embrace  the  territory  now  embraced 
in  the  thirteenth,  fourteenth,  fifteenth,  sixteenth,  seventeenth, 
eighteenth  and  nineteenth  wards. 

§  2.  Tiie  justices  of  the  peace  elected  under  this  act  shall 
hold  court  in  the  judicial  districts  for  which  they  shall  have 
been  elected,  and  in  no  other,  except  that  in  case  any  jnstice 
shall  be  absent  or  unable  to  hold  court,  any  other  justice  of 
the  peace  in  said  city  may,  upon  request  of  the  justice  or 
clerk  of  said  court,  hold  court  in  his  stead  pending  such  ab- 
sence or  disability :  and  when  so  holding  court  such  justice 
shall  have  the  same  jurisdiction  in  all  cases  as  the  justices 
regularly  holding  such  court,  except  that  when  any  testi- 
mony shall  have  been  taken  he  shall  not  try  the  matter  at 
issue  or  render  judgment  therein.  This  is  hereby  declared 
to  be  in  lieu  of  all  other  acts  which  provide  for  the  elections 
of  justices  of  the  peace  in  the  City  of  Brooklyn,  or  for  hold- 
ing such  justice's  courts  other  than  those  provided  by  this 
act,  and  all  designations  of  such  courts  by  district  numbers 
and  all  boundaries  of  the  same,  except  as  provided  for  in  this 
act,  are  hereby  abohshed. 

§  3  It  shall  be  the  duty  of  the  board  of  elections  of  th6 


Of  Courts. 


340 


Title  XXI. 


City  of  Brooklyn,  whenever  justices  of  the  peace  are  to  be 
elected,  to  provide  at  every  polling  place  within  said  city  a 
separate  ballot  box  for  the  reception  of  the  ballots  for  the 
said  justices,  which  ballot  box  shall  be  labeled  Judiciary 
City  :"  such  ballots  shall  be  in  the  form  prescribed  by  law 
and  shall  have  thereon  the  designation  "  For  Justices  of  the 
Peace,"  the  names  of  the  persons  to  be  voted  for,  with  the 
numbers  of  the  districts,  and  shall  be  endorsed  "  Judiciary — 
City." 

S  4.  The  term  of  office  of  the  justices  of  the  peace  to  be 
elected  pursuant  to  the  provisions  of  this  act,  shall  be  four 
years,  and  at  the  general  election  next  preceding  the  expira- 
tion of  their  respective  terms  of  office,  and  every  four  years 
thereafter  their  successors  shall  be  chosen  in  the  manner 
herein  provided.  They  shall  each  receive  a  salary  of  four 
thousand  five  hundred  dollars  per  annum.  No  justice  of  the 
peace  elected  under  the  provisions  of  this  act,  and  no  police 
justice  appointed  as  hereinafter  provided,  shall  receive  any 
other  fee  or  compensation  than  the  salary  provided  for  here- 
in. The  justices  of  the  peace  elected  pursuant  to  this  act 
shall  have  and  exercise  such  jurisdiction  and  powers,  and 
perform  such  duties  as  are  designated  by  the  code  of  crim- 
inal procedure  and  the  code  of  civil  procedure,  to  be  exer- 
cised and  performed  by  justices  of  the  peace. 

As  to  salary  of  justices  of  the  peace,  see  Chap.  103, 
Laws  of  1888. 

§  5.  Any  person  shall  be  qualified  and  eligible  for  election 
to  the  said  office  of  justice  of  the  peace,  who  shall  at  the 
time  of  such  election  be  a  resident  and  elector  in  the  City  of 
Brooklyn. 

§  6.  All  civil  actions  brought  before  justices  of  the  peace 
elected  pursuant  to  the  provisions  of  this  act,  except  those 
brought  by  non-residents,  must  be  brought  in  the  judicial 
district  in  which  either  one  of  the  plaintiffs  or  one  of  the 
defendants  resides,  or  in  an  adjoining  district.  All  sum- 
mary proceedings  for  the  recovery  of  the  possession  of  land 
must  be  brought  in  the  judicial  district  in  which  the  land, 
or  a  portion  thereof,  is  situated,  which  is  sought  to  be  re- 


Title  XXI.  341 


Of  Courts. 


covered,  or  in  an  adjoining  district.  The  clerks,  and  the 
clerks  only,  of  the  respective  justices  and  police  courts  are 
hereby  required  to  collect  and  pay  into  the  city  treasury  all 
fees,  fines,  penalties  and  all  fees  in  summary  proceedings, 
keep  a  docket  of  all  such  cases,  and  report  the  same  to  the 
comptroller.  All  actions  upon  the  charter  or  ordinances  of 
the  corporation  of  the  City  of  Brooklyn,  or  of  any  depart- 
ment thereof,  which  shall  be  brought  in  a  court  of  a  justice  of 
the  peace  or  of  a  police  justice,  shall  be  brought  in  the 
judicial  district  in  which  the  ofi:ence  is  alleged  to  have  been 
committed,  or  in  an  adjoining  district.  Any  justice  of  the 
peace  in  said  city  may  issue  warrants  for  any  alleged  crim- 
inal offense  within  said  city ;  but  such  warrants  must  be  re- 
turnable before  a  justice  of  the  peace  or  a  police  justice  in 
the  judicial  district  in  which  the  offense  is  alleged  to  have 
been  committed,  or  in  an  adjoining  district.  The  foregoing 
provisions  of  this  section  shall  apply  only  to  the  justices  and 
the  courts  held  by  justices  elected  or  appointed  pursuant  to 
the  provisions  of  this  act.  The  clerks  of  the  said  courts  shall 
have  the  power  to  adjourn  summary  proceedings  for  the  re- 
covery of  the  possession  of  land,  in  the  absence  of  the  jus- 
tice, not  to  exceed  two  days  at  any  one  adjournment,  nor  six 
days  in  the  aggregate  in  any  one  case. 

§  7.  All  proceedings  brought  by  or  on  behalf  of  the 
County  of  Kings,  in  cases  of  abandonment  or  bastardy;  may 
be  brought  before  any  justice  of  the  peace  or  police  justice 
in  said  city  in  the  same  manner  as  such  cases  are  now  en- 
titled to  be  brought  before  justices  of  the  peace  in  said  city, 
and  such  justices  shall  have  concurrent  jurisdiction  in  such 
cases. 

§  8.  The  common  council  of  said  city  are  hereby  author- 
ized to  lease  court-rooms  for  the  use  of  the  justices  of  the 
peace  and  police  justices,  for  a  term  of  years  not  to  exceed 
five  at  any  one  time. 

§  9.  There  shall  be  no  justices  of  the  peace  or  police  jus- 
tice hereafter  elected  in  the  City  of  Brooklyn,  except  in  the 
place  of  justices  of  the  peace  chosen  at  the  general  election 
in  eighteen  hundred  and  seventy-nine,  and  their  successors. 


Of  Courts. 


342 


Title  XXI. 


§  10.  There  shall  be  in  the  City  of  Brooklyn  four  local  in- 
ferior courts  to  be  known  as  police  courts.  One  of  said 
courts  shall  be  located  in  the  city  hall  building,  or  at  such 
other  place  in  the  vicinity  thereof  as  the  common  council  may 
determine  ;  and  one  in  each  judicial  district,  at  such  place  as 
the  common  council  may  detemine.  The  justices  of  said 
police  courts  shall  be  designated  police  justices,  and  be  ap- 
pointed as  hereinafter  provided.  They  shall  have  the  same 
powers  and  privileges,  the  same  jurisdiction,  perform  the 
same  duties,  and  be  subject  to  the  same  laws  as  are  ap- 
plicable to  the  police  justices  in  said  city  at  the  passage  of 
this  act,  and  shall  receive  a  salary  at  the  rate  of  five  thou- 
sand dollars  per  year,  and  their  term  of  office  shall  be  for 
four  years. 

The  appointment  of  two  additional  police  justices  pro- 
vided for  by  Chap.  295,  Laws  of  1891. 

Appointment  of  police  justice  in  the  territory 
formerly  comprising  the  town  of  Gravesend  provided 
for  by  Cbap.  449,  Laws  of  1894. 

Appointment  of  police  justices  for  the  territory 
formerly  comprising  the  town  of  Flatbush  pro^dded  for 
Chap.  356,  Laws  of  1894. 

§  11.  On  the  second  Tuesday  in  July  next  preceding  each 
expiration  of  the  respective  terms  of  office  of  police  justices, 
the  mayor,  comptroller  and  auditor  shall  meet  in  the  office 
of  the  comptroller,  at  twelve  o'clock  noon,  and  shall,  by  a 
concurrent  vote,  proceed  to  appoint  successors  to  said  police 
justices,  and  shall  designate  one  of  such  police  justices  to 
hold  court  at  or  near  the  city  hall,  and  one  police  justice  to 
hold  court  in  each  judicial  district  as  created  by  this  act. 
In  case  the  said  mayor,  comptroller  and  auditor  shall  fail  to 
agree  within  five  days  after  a  majority  of  them  shall  have 
first  met  for  that  purpose  then  the  mayor  shall  appoint  one, 
the  comptroller  shall  appoint  one,  the  auditor  shall  ap- 
point one,  and  a  majority  of  said  mayor,  comptroller  and 
auditor  shall  appoint  one  of  said  police  justices,  and  in  that 
case  a  majority  shall  designate  the  courts  to  be  held  by  such 
justices  as  above  provided.  They  or  a  majority  of  them  shall 
also  appoint  a  police  justice  to  fill  any  vacancy  which  may 
occur.  The  said  mayor,  comptroller  and  auditor,  or  a  major- 
ity of  them,  shall  subscribe  to  duplicate  certificates  of  each 


Title  XXI. 


343 


Of  Courts. 


appointment  of  police  justices,  one  of  which  certificates  shall 
be  filed  in  the  office  of  the  city  clerk,  and  one  in  the  office 
of  the  county  clerk  of  Kings  County.  Each  person  so  ap- 
pointed shall,  within  twenty  days  after  receiving  notice  of 
such  appointment,  take  the  oath  of  office  and  file  a  bond  in 
the  sum  of  twenty-five  hundred  dollars,  to  be  approved  by 
the  comptroller,  in  the  office  of  the  city  clerk,  which  shall  be 
deemed  an  acceptance  of  such  appointment. 

^  12.  The  police  justices  appointed  in  said  city  shall  take 
office  on  the  first  day  of  May,*  and  shall  hold  office  until 
their  successors  are  duly  appointed  and  qualified,  which  suc- 
cessors shall  be  appointed  as  provided  in  section  eleven  of 
this  title.  In  case  of  a  vacancy  in  the  office  of  police  justice 
in  said  city,  the  vacancy  shall  be  filled,  as  provided  in  section 
eleven  of  this  title,  uDtil  the  expiration  of  the  term  during^ 
which  the  vacancy  occurs.  In  case  of  a  vacancy  in  the  office 
of  justice  of  the  peace  in  said  city,  such  vacancy  shall  be 
filled  by  the  mayor  until  the  next  general  election. 

§  13.  The  board  of  police  and  excise  shall  cause  all  persons 
arrested  by  authority  of  that  department,  or  by  any  of  its 
officers,  except  upon  a  warrant  issued  by  a  justice  of  the  peace 
to  be  conveyed,  in  the  manner  now  provided  b}'  law,  to  the 
most  convenient  police  court  for  trial  or  examination  accord- 
ing to  law. 

§  14.  From  and  after  the  passage  of  this  act,  the  justices 
of  the  peace  and  police  justices  in  said  city  shall  each  have 
sole  power  to  appoint  a  clerk  of  their  respective  courts  ;  also 
to  appoint  such  other  clerks,  assistants,  stenographers  as- 
the  common  council  may  authorize.  All  such  appointees  to 
serve  during  the  pleasure  of  said  justices. 

§  15.  Whenever  a  stenographer  shall  be  appointed  in  any 
justice's  court  he  shall  be  skilled  in  the  art  of  stenography, 
shall  qualify  under  oath  and  shall  take  minutes  of  the  pro- 
ceedings in  the  courts  under  the  direction  of  the  justice,  cor- 
rectly transcribe  the  same  and  file  the  written  minutes  in  the 
court ;  such  minutes  shall  be  deemed  to  be  the  record  of  the 
proceedings  or  proofs  so  taken,  the  same  as  if  taken  by  the 


'So  in  original. 


Of  Courts. 


344 


Title  XXI. 


justice,  except  that  in  all  cases  where  the  testimony  is  re- 
quired to  be  signed  by  the  witness,  the  minutes  must  be 
taken  by  him  without  the  aid  of  the  art  of  stenography. 

§  16.  AVhenever  the  mayor,  the  comptroller,  the  commis- 
sioner of  police  and  excise  and  the  commissioner  of  city 
works  of  said  city,  or  a  majority  of  them,  shall  determine  to 
erect  a  building  or  buildings  for  the  transaction  of  business  of 
any  of  the  courts  of  the  justices  of  the  peace  or  police  justices 
in  said  city,  they  are  hereby  authorized  to  cause  the  erection 
of  such  building  or  buildings  in  sucli  manner  as  they  shall 
deem  to  be  for  the  best  interest  of  the  city,  the  work  to  be 
done  under  the  direction  of  the  commissioner  of  city  works, 
and  they  are  also  hereby  authorized  to  acquire  lands  for  the 
purpose  provided  for  in  this  section,  in  the  same  manner  as 
lands  are  acquired  for  railroad  purposes. 

§  17.  For  the  purpose  of  providing  moneys  for  the  erec- 
tion of  such  building  or  buildings,  and  acquiring  land  there- 
for, whenever  the  mayor,  the  comptroller,  the  head  of  the 
department  of  police  and  the  commissioner  of  city  works,  or  a 
majority  of  them,  shall  so  determine  and  direct,  the  financial 
officers  of  said  city,  are  authorized  and  directed  to  pay  out 
of  any  moneys  in  the  city  treasury  of  said  city,  the  cost  and 
expense  of  said  building  or  buildings,  and  of  the  acquisition 
of  land  therefor  as  directed  by  the  said  commissioner  of  city 
works,  provided  that  the  said  amount  shall  not  exceed  fifty 
thousand  dollars  in  any  one  year. 

§  18.  For  the  purpose  of  reimbursing  the  treasury  of  the 
city,  the  proper  authorities  are  directed  to  insert  said  amount 
in  the  budget  or  tax  levy  to  be  laid  on  the  property  of  said 
city  in  the  year  next  succeeding  the  incurring  of  such  in- 
debtedness. 

§  19.  The  officers  hereby  charged  with  the  duty  of  erecting 
buildings  shall  be  deemed  to  be  trustees  of  such  buildings 
for  and  on  behalf  of  the  city  with  full  power  and  authority 
to  determine  what  justice  or  justices  shall  occupy  the  same 
and  to  rent  any  part  of  said  building  not  necessary  during 
the  term  of  said  rental  for  the  use  of  said  courts,  and  they 
may  also  assign  any  part  of  the  buildings  erected  by  them 
not  needed  for  coui-t  purposes  to  toe  use  of  the  police  de- 
partment of  said  city  as  station  houses. 


I 


TITLE  XXII 


MISCELLANEOUS  PROVISIONS, 

Section  1.  Any  person  who  maybe  required  to  take  an  oath 
or  affirmation,  under  and  by  virtue  of  any  provision  of  this 
act,  who  shall  willfully  and  falsely  swear  or  affirm  to  any 
material  fact  or  matter  under  such  oath  or  affirmation 
legally  administered,  shall,  upon  conviction,  be  adjudged 
guilty  of  perjury. 

I  2.  No  person  shall  be  incompetent  as  a  judge,  justice, 
witness  or  juror  by  reason  of  his  being  an  inhabitant  or  free- 
holder of  the  City  of  Brooklyn,  in  any  action  or  proceeding 
in  which  the  city  is  a  party  or  interested. 

§  3.  The  offices  of  the  city  clerk,  auditor,  department  of 
city  works,  comptroller,  collector  of  taxes  and  assessments, 
registrar  of  arrears  and  treasurer  shall  be,  and  they  are 
hereby  declared  to  be  the  offices  of  record  for  the  purpose 
of  filing,  recording  and  safe  keeping  of  any  and  all  papers 
and  documents  of  the  city  appertaining  or  belonging  to  the 
said  several  offices  ;  and  all  provisions  of  law  relating  to 
offices  of  record  or  the  preservation  or  safe  keeping  of  papers 
or  records  therein,  are  hereby  declared  to  apply  to  said  several 
offices. 

§  4.  Every  embezzlement  of  money  by  any  officer  elected 
or  appointed  under  this  act,  or  by  a  clerk,  deputy  or  as- 
sistant of  such  officer,  shall  be  deemed  a  felony,  punishable 
by  fine  or  imprisonment,  or  both. 

§  5.  Any  alderman  or  other  official  of  said  city  who  shall 
vote  to  authorize  any  expense  or  to  incur  any  indebtedness 
by  or  against  said  city,  when  the  means  to  meet  or  pay  the 
same  shall  not  be  provided  or  applicable  to  the  purpose, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof,  the  term  of  office  of  such  alderman  or  other  official 
shall  cease  and  determine,  and  he  shall  be  ineligible  to  hold 
any  office  in  said  city  for  the  space  of  five  years  from  the 
date  of  such  conviction. 


Miscellaneous  Provisions.  346 


Title  XXII. 


§  6.  Eveiy  ordinance,  resolution  or  bj'-lavv  of  the  common 
council  may  be  read  in  evidence  in  all  courts  and  legal  pro- 
ceedings from  the  volume  of  ordinances  published  or  to  be 
published  by  order  of  the  said  common  council,  without 
any  other  proof  of  the  passage  or  publication  thereof,  but 
such  publication  shall  be  onl}'  presumptive  evidence  that  the 
same  has  been  duly  published  in  the  corporation  newspapers 
as  required  by  this  act. 

§  7.  Any  civil  or  criminal  process,  attachment  or  execution 
may  be  served  or  levied  upon  sluj  person  or  property,  on 
board  of  any  vessel  which,  at  tbe  time  of  such  service  or  levy, 
shall  be  attached  or  fastened  to  any  wharf,  pier,  bulkhead  or 
landing  place  in  said  city,  or  lying  so  near  thereto  that  a  per 
son  can  step  from  the  same  upon  such  vessel,  or  shall  be 
fastened  to  any  other  vessel  or  vessels  which  shall  be  so  at- 
tached to  or  lying  at  any  such  wharf,  pier,  bulkhead,  or 
landing  place  in  the  same  manner  and  with  like  effect  as  if 
such  vessel  was  actually  within  said  city. 

§  8.  AU  the  penalties  prescribed  by  this  act,  or  by  any 
ordiuance  of  the  city,  shall,  when  recovered,  be  paid  into  the 
treasury  for  the  use  of  the  city,  except  as  hereinbefore  pro- 
vided. 

§  9.  The  head  of  each  department  shall  organize  such 
bureaus  as  may  be  deemed  necessary  by  the  commissioner  or 
head  thereof.  They  shall  also  appoint  such  number  of  clerks 
.and  employees  as  may  be  necessary  in  the  several  depart- 
ments. 

§  10.  No  moneys  belonging  to  the  city  shall  be  deposited 
in  any  institution  in  which  any  receiving  or  disbursing  officer 
of  the  city  shall  be  either  officer,  director,  or  trustee.  No  citj^ 
officer  authorized  to  receive  or  disburse  moneys  of  the  city 
shall  be  an  officer,  director  or  trustee  of  any  moneyed  insti- 
tution in  which  any  part  of  the  city  funds  may  or  shall  be 
deposited;  and,  in  case  any  city  officer  shall  become  an  officer, 
director  or  trustee  of  any  such  institution,  his  office  shall 
immediately  be  deemed  vacant,  and  the  mayor  shall  appoint, 
a  suitable  person  to  fill  such  vacancy.  '  ' 


Title  XXn. 


347     Miscellaneous  Provisions*. 


^  11.  All  violations  of  any  ordinance  of  the  City  of  Brook- 
lyn, which  consist  of  acts  or  things  done  by  any  person,  and 
not  of  mere  omission  or  neglect,  may  be  proceeded  against 
summarily  before  any  police  justice  or  justice  of  the  peace 
in  said  city  ;  such  proceedings  shall  be  commenced  by  war- 
rant, upon  proper  proof,  and  shall  be  continued  and  con- 
ducted in  the  same  manner  as  criminal  preceedings  are  now 
conducted  in  cases  triable  before  such  justices,  or  either  of 
them,  as  a  court  of  special  sessions,  but  no  party  charged 
with  such  ofiense  shall  have  the  right  to  waive  an  examina- 
tion, or  to  elect  to  go  before  any  higher  court  or  tribunal. 

^  12.  Such  justices  shall  have  authority  to  fine  the  person 
offending  as  aforesaid  a  sum  equal  to  the  penalty  prescribed 
by  the  ordinances,  and  may  senteuce  such  persons,  in  de- 
fault of  pajanent,  to  be  confined  to  the  county  jail  for  a  pe- 
riod not  exceeding  ten  days,  and  not  exceeding  the  penalty 
prescribed  as  aforesaid,  and  all  laws  relating  to  trials  by 
courts  of  special  session  *  in  the  City  of  Brooklyn,  not  in- 
consistent herewith,  shall  apply  to  such  trials.  In  the  pro- 
ceedings hereby  authorized,  the  offense  shall  be  deemed  to  be 
sufficiently  described  by  stating  the  ordinance  and  the  sec- 
tion thereof  claimed  to  be  violated. 

?  13.  In  all  suits  for  the  violation  of  any  ordinance  in  the 
city,  prosecuted  in  the  justices'  or  police  courts  thereof,  the 
summons  shall  be  deemed  to  be  served  in  time,  if  served 
three  days  before  the  return  day  thereof ;  and  in  case  the 
defendant  be  absent  from  his  residence  or  place  of  business,, 
the  summons  may  be  served  by  leaving  a  copy  of  the  same 
at  either  of  such  places  with  a  person  of  mature  age  in 
charge  thereof ;  but  no  execution,  except  against  property, 
shall  be  issued  on  smy  judgment  in  such  suit,  unless  the 
summons  was  personally  served  on  the  defendant. 

?;  14.  Gunpowder  which  shall  be  found  in  any  store, 
storehouse,  manufactor}"  or  other  building  in  the  city,  or 
which  may  be  found  in  any  cart,  wagon  or  other  vehicle,  or 
on  board  any  ship,  brig  or  other  vessel,  which  shall  make 
ifast  to  or  anchor  within  two  hundred  feet  of  any  pier,  wharjf 


*So  in  original. 


Miscellaneous  Provisions.  348 


Title  XXTT. 


or  bulkhead  in  the  city,  in  violation  of  any  of  the  provisions 
of  this  law,  shall  be  immediately  seized  by  the  poUce  com- 
missioner or  his  inspectors,  and  removed  to  some  secure 
place. 

§  15.  Nothing  in  this  act  contained  shall  in  any  way  apply 
to  any  gunpowder  which  may  be  stored  in  the  United  States 
navy  yard,  or  which  may  be  on  board  of  any  vessel  within 
the  jurisdiction  of  the  United  States  navy  yard. 

§  16.  It  shall  not  be  lawful  for  any  person  to  have  kegs 
of  gunpowder,  or  cause  to  be  kept  in  any  store,  storehouse, 
manufactory  or  other  building  within  the  City  of  Brooklyn, 
any  quantity  of  gunpowder  exceeding  twenty-five  pounds  in 
weight,  under  the  penalty  of  the  forfeiture  of  the  gunpowder 
and  an  additional  penalty  of  fifty  dollars :  and  all  gunpowder 
which  may  be  kept  in  the  building  within  said  city  shall  be 
kept  in  tin  canisters,  and  said  canisters  shall  at  all  times  be 
kept  securely  closed,  exctspt  when  necessary  for  its  delivery 
on  sale. 

§  17.  No  person  shall  can-y,  or  cause  to  be  carried,  any 
gunpowder  through  any  street,  lane  or  alley  in  the  city, 
unless  the  same  be  secured  in  tight  casks,  kegs  or  cases,  well 
headed  and  hooped ;  and  said  casks,  kegs  or  cases  shall  be 
put  into  and  entirely  covered  with  a  bag  or  case  sufficiently 
to  prevent  any  said  gunpowder  from  being  spilled  or  scat- 
tered, under  the  penalty  of  forfeiture  of  the  gunpowder,  and 
a  fine  of  fifty  dollars  for  every  violation  of  the  provisions  of 
this  act. 

§  18.  It  shall  not  be  lawful  for  any  ship,  bark,  brig,  lighter 
or  vessel  containing  any  quantity  of  gunpowder  over  and 
above  twenty-five  pounds,  to  make  fast  or  to  anchor  within 
two  hundred  yards  of  any  pier,  wharf  or  bulkhead  within 
the  City  of  Brooklyn,  under  the  penalty  of  the  forfeiture  of 
all  gunpowder  on  board,  and  an  additional  penalty  of  fifty 
dollars ;  provided,  further,  that  in  the  case  of  any  explosion 
caused  by  a  larger  quantity  of  gunpowder  than  allowed  by 
law  to  be  kept  in  any  building  or  vessel  whatever,  contrary  to 
the  above  section  of  this  act,  the  occupant  or  occupants  of 
any  such  building  having  the  same  in  their  possession,  and 


Title  XXII. 


349     Miscellaneous  Provisions. 


the  owner  and  owners  of  any  vessel  as  aforesaid,  shall  forfeit 
and  pay  the  additional  sum  of  one  thousand  dollars. 

^  19.  Any  and  all  persons  who,  after  having  been  per" 
sonally  served  with  the  notice  of  violation,  as  hereinbefore 
prescribed,  shall  fail  to  comply  therewith,  or  shall  continue 
to  violate,  or  assent  to  or  permit  any  violation  of  any  of  the 
provisions  of  the  preceding  five  sections  of  this  title,  or  who 
shall  be  accessory  thereto,  shall,  in  addition  to  the  penalties 
hereinbefore  provided,  be  deemed  guilty  of  a  misdemeanor, 
punishable  by  fine  or  imprisonment,  or  both ;  and  upon  a 
complaint  made  before  any  police  justice  or  any  court  of 
criminal  jurisdiction  within  the  City  of  Brooklyn,  shall  be 
arrested  and  held  to  bail  by  said  justice  or  said  court :  and 
upon  conviction  of  such  offence  shall  pay  all  costs  of  such 
arrest,  and  shall  be  fined  in  a  sum  not  to  exceed  two  hundred 
and  fifty  dollars,  or  may  be  imprisoned  for  a  term  not  to  ex- 
ceed six  months,  or  both,  in  the  discretion  of  said  justice  or 
court :  and  all  fines  levied  and  collected  under  the  provisions 
of  the  fifteenth,  sixteenth,  seventeenth  and  eighteenth  sec- 
tions of  this  title,  shall  be  paid  into  the  firemen's  insurance 
fund. 

?  20.  The  amount  of  any  judgment  recovered  against  the 
City  of  Brooklyn,  and  payable  by  said  city,  and  remaining 
unpaid,  with  the  interest  due  and  to  become  due  thereon, 
shall  be  reported  by  the  counsel  to  the  corporation  immedi- 
ately after  the  same  have  become  payable  to  the  common 
council ,  and  such  amount  shall  be  raised  in  the  next  levy  of 
taxes  for  the  expenses  of  the  said  city,  unless  execution  upon 
such  judgment  shaU  be  stayed.  Such  judgment  shall  te 
paid  out  of  the  first  moneys  paid  into  the  city  treasury  on 
account  of  such  levy,  in  the  order  of  their  recovery.  Until 
the  money  so  raised  shall  be  paid  into  the  treasury,  and  pay- 
ment of  said  judgments  refused  by  the  financial  officers  of  the 
city,  no  execution  shall  issue  against  the  said  city,  unless  the 
amount  of  such  judgment  shall  not  have  been  included  in  the 
tax  levy,  as  aforesaid :  provided,  nevertheless,  if  there  be  any 
moneys  in  the  treasury  to  the  credit  of  the  fund  derived  from 
the  revenues  of  the  city  other  than  taxation,  sufficient  to 


Miscellaneous  Provisions.  350 


Title  XXII. 


satisfy  said  judgments,  the  common  council  shall  direct  the 
payment  therefrom  of  said  judgments  in  the  order  of  their 
recover  j\ 

§  21.  The  common  council  of  said  city,  and  the  members 
thereof,  are  hereby  declared  to  be  trustees  of  the  property, 
funds  and  effects  of  the  corporation  herebj^  created ;  and  the 
aldermen  representing  the  several  aldermanic  districts  of  the 
City  of  Brooklyn  are  hereby  declared  to  be  trustees  of  the 
property,  funds  an  1  effects  of  the  wardj  constituting  their 
respective  districts,  so  far  as  such  property,  f  unds  and  effects, 
in  or  derived  fr  )m  such  wards,  are  or  may  be  committed  to 
their  management  or  control  respectively  by  this  act;  and 
every  person  residing  in  said  cit}',  or  in  any  ward,  and  as- 
sessed to  pay  the  taxes  therein,  who  shall  pay  taxes  therein, 
is  hereby  declared  to  be  a  cestui  que  trust,  in  respect  to  the 
said  propert}',  funds  and  effects  respectively;  and  any  co-trus- 
tee or  any  such  cestui  que  trust  shall  be  entitled,  as  against 
such  trustees,  and  in  regard  to  such  property,  funds  and 
effects,  to  all  the  rights  and  remedies  provided  by  law  of  any, 
co-trustee  or  cestui  que  trust  to  prosecute  and  maintain  any 
action  to  prevent  waste  and  injury  to  any  property,  funds,  or 
estate  held  in  trust.  Such  trustees  are  hereby  made  subject 
to  all  the  dutiis  and  responsibilities  imposed  by  law  upon 
trustees,  and  such  duties  and  responsibilities  may  be  enforced 
by  any  co-trustees  or  cestui  que  trust  aforesaid. 

§  22.  All  streets  and  avenues  in  said  city  which  have  been 
or  may  be  thrown  out  to  public  use,  and  have  been  or  may 
be  used  as  such  for  five  years  continuously,  shall  be  deemed 
and  taken  to  be  public  streets  and  avenues ;  and  the  City  of 
Brooklyn  arid  the  common  council  thereof  shall  have  all 
jurisdiction  and  power  in  respect  thereto,  the  same  as  if  such 
streets  and  avenues  had  been  or  shall  be  opened  by  proceed- 
ings had  for  that  purpose  un(^er  tbe  provisions  of  this  act. 

§  23.  No  member  or  officer  oi  the  common  council,  or  any 
city  or  ward  officer,  whether  elected  or  appointed,  shall  take 
or  receive  any  money,  article,  thing,  advantage  or  promise 
thereof,  as  consideration  for  any  vote  or  act  in  his  official 
capacity,  or  for  making  and  consenting  in  such  capacity  to 


Title  XXII. 


351     Miscellaneous  Provisions. 


any  award  of  any  contract,  or  to  any  appointment,  for  office 
or  place.  Any  person  offending  against  the  provisions  of 
this  section  shall  be  deemed  guilty  of  felony,  and,  upon  con- 
viction, shall  be  punished  by  imprisonment  in  the  State 
prison  for  a  term  of  not  less  than  three,  nor  more  than  five 
years. 

§  24.  It  shall  not  be  lawful  hereafter  to  lay,  construct  or 
operate  anv  railroad  in,  upon  or  along  any  or  either  of  the 
streets  or  avenues  of  the  City  of  Brooklyn,  wherever  such 
railroad  may  commence  or  end,  unless  a  majority  of  the 
owners  of  property  upon  the  streets  or  avenues  in  or  along 
which  such  railroad  is  to  be  constructed,  shall  first  petition 
the  common  council  of  said  city  therefor,  nor  unless  the  said 
common  council  shall  authorize  the  construction  of  such  rail- 
road, and  the  grant  therefor  shall  have  been  awarded  and 
given  to  the  person  who  will  agree,  with  adequate  security, 
to  carry  passengers  on  such  railroad  at  the  lowest  l  ate  of 
fare.  But  no  such  grant  shall  be  awarded  until  after  public 
notice,  inviting  proposals  tberefor  at  a  specified  time  and 
place,  shall  have  been  published,  under  the  direction  of  the 
common  common,  daily  for  six  weeks  in  four  o'"  the  public 
newspapers  printed  in  said  city.  This  section  shall  not  be 
deemed  to  affect  the  operation  of,  or  applv  to,  the  Brooklyn 
City  Eailr<»ad  Company,  the  Brooklyn  Central  and  Jamaica 
Railroad  Company,  the  Bicadway  Railroad  Company  of  the 
City  of  Brooklyn,  the  Brooklyn  City  and  Newtown  T?ailroad 
Company,  the  Coney  Island  and  Brooklyn  Railro  id  Com- 
pany, the  Grand  Street  Railroad  Company,  the  South  Side 
Railroad  Company,  and  Bushwick  Railroad  Company,  and 
such  other  companies  as  are  or  may  be  authorized  by  law  ; 
piovided  that  no  vote  shall  be  given  by  or  received  from  any 
person  who  shall  not  own  a  lot  of  land  containing  at  least 
twenty  feet  in  width,  in  front  and  rear  in  the  said  street  or 
avenue. 

25.  No  bond  of  anv  officer,  required  to  be  given  by  this 
act,  shall  be  discharged,  until  all  property  and  money  re- 
ceived by  him  shall  have  been  accounted  for,  and  until  his 
accounts  shall  have  been  examined  and  approved  by  the 


Miscellaneous  Provisions.  352 


Title  XXII. 


comptroller,  auditor  and  chairman  of  the  finance  committee 
of  the  board  of  aldermen,  whose  duty  it  shall  be  to  make 
such  examination,  and  until  their  certificate  of  approval  of 
said  account  shall  be  filed  in  the  office  of  the  comptroller. 

§  26.  All  persons  at  present  holding  office  in  the  City  of 
Brooklyn,  whether  elected  or  appointed,  shall  continue  to 
hold  their  respective  offices  until  the  expiration  of  the  time 
for  which  they  were  elected  or  appointed,  except  as  other- 
wise provided  in  this  act.  The  comptroller,  auditor,  treasu- 
rer, collector  of  taxes  and  assessments  and  registrar  of  ar- 
rears, may  appoint,  and  at  pleasure  remove,  a  deputy  for 
whose  official  acts  and  omissions  he  shall  be  personally  re- 
sponsible, and  who  shall  have  all  the  powers  and  discharge 
all  the  duties  of  such  head  during  his  absence. 

§  27.  All  the  provisions  of  this  act  defining  and  regulating 
the  rights,  powers  and  duties  of  the  legislative  department* 
the  mayor,  the  aldermen,  the  department  of  finance,  the 
comptroller,  the  department  of  audit,  the  auditor,  the  treasu- 
rer's department,  the  treasurer,  the  department  of  collection, 
the  collector  of  taxes  and  assessments,  the  department  of  law, 
the  attorney  and  counsel,  department  of  assessment,  the 
president  of  the  board  of  assessors  and  the  assessors,  the 
department  of  city  works  and  the  commissioner  of  city  worksj 
the  department  of  police  and  excise,  the  commissioner  of 
police  and  excise,  the  department  of  fire  and  the  commis- 
sioner of  the  department  of  fire,  the  department  of  buildings, 
and  the  commissioner  of  said  department  shall  apply  to  and 
regulate  the  rights,  powers  and  duties  of  the  mayor,  alder- 
men, comptroller,  auditor,  treasurer,  collector  of  taxes  and 
assessments,  attorney  and  counsel,  president  of  the  board  of 
assessors  and  the  assessors,  the  department  and  the  com- 
missioner of  city  works,  the  department  of  police  and  excise, 
the  commissioner  of  excise,  the  department  of  fire  and  the 
commissioner  of  said  department,  the  department  of  build- 
ings, the  commissioners  of  fire  and  of  buildings,  in  office  at 
the  time  of  the  passage  of  this  act,  or  who  may  be  hereafter 
appointed  or  elected  in  pursuance  of  any  of  the  provisions 
of  this  act. 


Title  XXII. 


353     Miscellaneous  Provisions. 


§  28.  The  City  of  Brooklyn  shall  not  be  liable  in  damages 
for  any  misfeasance  or  nonfeasance  of  the  common  council, 
or  any  officer  of  the  city  or  appointee  of  the  common  council, 
of  any  duty  imposed  upon  them,  or  any  or  either  of  them  by 
the  provisions  of  this  act,  or  of  any  other  duty  enjoined  upon 
them,  or  any  or  either  of  them,  as  officers  of  government,  by 
any  provision  of  this  act :  but  the  remedy  of  the  party  or 
parties  aggrieved  for  any  such  misfeasance  or  nonfeasance 
«ha]l  be  by  mandamus,  or  other  proceeding  of  action,  to  com- 
pel the  performance  of  the  duty,  or  by  other  action  aj>ainst 
the  members  of  the  common  council,  officer,  or  appointee,  as 
the  rights  of  such  party  or  parties  may  by  law  admit,  if  at 
all. 

^  29.  The  compensation  of  clerks  and  subordinates  in  the 
several  departments  shall  not  exceed  in  the  aggregate  the 
apropriation  made  by  the  board  of  estimate  for  the  purpose. 
All*  persons*  holding  position  in  the  City  of  Brooklyn,  receiv- 
ing salary  from  said  city  who  shall  be  an  honorably  dis- 
charged soldier  or  sailor  of  the  late  war  of  the  rebellion  shall 
not  be  removed  from  such  position,  except  for  good  cause, 
shown  after  a  hearing  had,  but  such  person  or  persons  shall 
hold  such  position  for  and  during  good  behavior. 
(See  Chap.  80,  Laws  of  1888.) 

§  ^  0.  No  action  or  special  proceedings  shall  be  prosecuted 
or  maintained  against  the  City  of  Brooklyn,  unless  it  shall 
appear  by,  and  as  an  allegation  in  the  complaint  or  neces- 
sary moving  papers,  that,  at  least,  thirty  a  ays  have  elapsed 
since  the  claim  or  statement  of  the  facts,  which  it  is  claimed 
constitute  or  will  constitute  a  cause  of  action  against  the 
City  of  Brooklyn,  shall  be  presented  to  the  comptroller  of 
said  city,  specifying  in  detail  and  duly  verified  as  follows : 
If  for  work,  labor  or  services  rendered  or  performed,  the 
time  when,  the  place  where,  by  whom,  and  under  whose  di- 
rection, and  by  what  authority  such  work,  labor  or  services 
was  rendered  or  performed ;  if  for  merchandise  or  other 
articles  furnished  the  items  thereof,  by  whom  ordered  and 
when  and  to  whom  delivered ;  and  if  for  damages,  for  wrong 


*So  in  original. 


Miscellaneous  Provisions.  354 


Title  XXII. 


or  injury  to  person  or  property,  or  for  damages  for  any  tort 
■whatsoever,  when,  where  and  how  occasioned,  and  all  the 
facts  relative  thereto,  nor  unless  it  shall  appear  by  and  as 
an  allegation  in  said  complaint  or  necessary  moving  papers 
that  the  said  comptroller  has  neglected  and  refused  to  mnke 
any  payment  thereof  for  at  least  thirty  days  after  said  pre- 
sentment. The  comptroller  may  require,  by  a  notice  served, 
any  person  presenting  for  settlement  any  such  account, 
claim  or  statement  of  the  facts  constituting  a  demand  or 
claim  against  the  city  for  damages  for  injury  to  person  or 
property  or  for  any  tort  whatsoever,  to  appear  before  him 
and  bring  any  and  all  books,  papers  or  other  documents 
in  bis  possession  or  under  his  control  relating  to  such  claim, 
account  or  statement  of  fact,  to  be  sworn  before  him  touch- 
ing such  account,  claim  or  statement  of  fact  as  hereinbefore 
specified  and  required,  and  after  being  so  sworn,  to  submit 
any  such  books,  papers  or  other  documents  to  said  comp- 
troller for  examination  and  inspection  by  bim,  and  to  answer 
orally  as  to  the  facts  relative  to  such  account  or  claim  upon 
contract,  or  for  damages  for  t'^rt,  as  herein  specified  and  re- 
quired. Willful  false  swearing  before  him  is  perjury,  and 
punishable  as  such.  Compliance  with  all  the  provisions  of 
this  section  shall  be  an  absolute  prerequisite  to  the  institu- 
tion or  maiuttinance  of  any  action  or  special  proceeding 
against  the  City  of  Brooklyn,  and  shall  be  pleaded  in  the 
complaint  or  necessary  moving  papers.  The  comptroller 
may,  upon  the  recommendation  of  the  attorney  and  counsel 
of  the  corporation,  and  with  the  approval  of  the  mayor,  ad- 
just and  settle  any  claim  which  may  be  presented  to  him  in 
accordance  with  tbe  provisions  of  this  section,  and  any  action 
which  may  be  brought  upon  any  such  claim,  either  before  or 
after  judgment,  upon  such  terms  as  may  be  of  the  best  ad- 
vantage to  the  city,  and  the  amount  at  which  such  claim  or 
judgment  shall  be  settled  and  adjusted  shall  be  paid  from 
the  revenue  fund,  provided  that  in  no  case  shall  such  adjust- 
ment or  settlement  exceed  the  sum  of  twenty-five  hundred 
dollars. 

(Ch.  568,  Laws  of  1894.) 
(See  Ch.  31,  Laws  of  1890.) 


Title  XXII.  355     Miscellaneous  Provisions. 

§  31.  For  the  purpose  of  examining  weights  and  measures 
in  the  City  of  Brooklyn,  the  mayor  thereof  shall,  on  or  before 
the  first  day  of  February,  eighteen  hundred  and  eighty-nine, 
and  every  two  years  thereafter,  appoint  four  sealers  of 
weights  and  measures,  one  for  each  congressional  district  in 
the  City  of  Brookl^'n,  at  a  salary  of  twelve  hundred  dollars  a 
year,  who  shall  perform  such  duties  and  possess  such  authoi'- 
ity  as  is  now  possessed  by  the  sealers  of  weights  and  measures 
throughout  the  State.  The  sealers  of  weights  and  measures 
for  the  City  of  Brooklyn  shall  receive  no  fees  of  any  person 
for  testing  their  weights  or  measures  or  scales.  They  shall 
qualify  by  taking  the  oath  of  office  provided  for  other  city 
officers  of  said  city,  and  file  the  same  in  the  office  of  the  clerk 
of  said  city.  All  vacancies  occurring  from  an}'  cause  shall  be 
filled  for  the  unexpired  term  by  the  mayor. 

v5  32.  The  real  property  situate  in  the  County  of  Kings, 
now  owned  or  which  may  hereafter  be  owned  by  any  hospital, 
orphan  asylum,  house  of  industry  or  other  charitable  corpor- 
ation, society  or  institution,  which  has  for  its  object  the  refor- 
mation of  oJffenders,  the  care,  support  or  education  of  the  sick, 
the  infirm,  the  destitute,  the  deaf,  the  dumb  or  the  blind,  shall 
be  and  hereby  is  declared  discharged  an'1  exempt  from  all  taxes 
and  from  all  assessments  laid  or  made  for  local  improvements, 
and  sales  thereunder,  and  from  all  such  assessments  here- 
after, and  from  taxation,  so  long  as  the  same  shall  be  owned 
by  any  such  corporation,  society  or  institution  aforesaid,  and 
whenever  a  sale  and  conveyance  thereof  shall  be  made  to  any 
person  or  corporation  other  than  those  mentioned  in  this  act, 
thereupon  the  real  estate  so  sold  and  convej'ed  shall  be  there- 
after subject  to  assessment  in  the  same  manner  as  other  real 
estate  situate  in  the  County  of  Kings.  The  rateable  amount 
of  any  assessment  which  shall  be  laid  or  made  hereafter  for 
any  local  improvement  which  would  have  affected  any  real 
property  exempted  under  this  section,  if  such  exemption  had 
not  been  made,  shall  be  a  charge  upon  the  City  of  Brooklyn 
and  be  paid  out  of  the  assessment  fund  of  said  cit}'. 
(Ch.  255,  Laws  1889.) 

§  33.  The  several  hospitals,  orphan  asylums  and  all  other 
charitable  and  benevolent  corporations,  societies  and  institu- 


Miscellaneous  Provisions.  356 


Title  XXII. 


tions  now  existing  in  the  City  of  Brooklyn,  or  wbich  here- 
after may  be  established  therein,  are  hereby  declared  ex- 
empted from  the  payment  of  any  sum  of  monej^  whatever  to 
said  city,  for  the  use  of  water  taken  by  the  same  from  said 
city,  and  water  shall  be  supplied  to  the  same  by  said  city  in 
sufficient  quantity  for  all  purposes  for  which  it  is  now  used 
hj  such  societies  and  institutions,  or  which  may  become 
necessary  to  be  used  by  the  same,  free  from  all  charge  what- 
soever, and  the  real  estate  of  any  such  institution  aforesaid 
is  hereby  rdeased,  discharged  and  exempted  from  all  lien 
and  charge  for  water  heretofore  used  and  remaining  unpaid 
for  at  the  time  of  the  passage  of  this  act,  or  which  may 
hereafter  be  used  by  any  such  institution,  society  or  corpo- 
ration. 

§  34.  No  street  or  avenue  shall  be  extended  on  or  over  the 
ground  now  below  or  beyond  high-water  mark,  between  the 
northerly  side  of  Twenty -sixth  street  and  the  southerly  side 
of  Thirty-ninth  street,  in  the  City  of  Brooklyn,  by  reason  of 
any  filling  or  other  improvement  hereafter  made  thereon,  nor 
shall  the  said  city  be  authorized  to  open  or  extend  any  street 
or  avenue  beyond  said  high  water  mark  within  the  boundaries 
aforesaid  without  the  consent  of  the  adjacent  owners. 

§  35.  This  act  is  hereby  declared  t©  be  a  public  act,  and 
all  local  and  special  acts  passed  prior  to  January  first 
eighteen  hundred  and  eighty-eight,  relating  to  the  corpora- 
tion of  "  the  City  of  Brooklyn,"  designated  in  section  one  of 
title  one  of  this  act  or  to  the  administi'ation  of  the  property 
or  affairs  of  said  corporation,  except  an  act  entitled  "  An 
act  to  provide  for  the  payment  of  awards  for  land  heretofore 
taken  for  local  improvements  in  the  City  of  Brooklyn," 
passed  April  tenth,  eighteen  hundred  and  eighty-three,  and 
also  an  act  entitled  "  An  act  to  provide  for  the  aid  and  sup- 
port of  the  poor  in  the  Counties  of  Erie,  Kings  and  New 
York,"  passed  April  thirtieth,  eighteen  hundred  and  sevent}'- 
five,  and  the  acts  amendatorj^  thereof,  and  also  an  act  entitled 
"  An  act  to  provide  for  the  use  and  to  regulate  the  use  of  the 
docks  and  basin  on  the  Wallabout  bay  and  other  docks  in  the 
City  of  Brooklyn,  and  to  confer  certain  powers  upon  the 
comptroller  and  commissioner  of  police  of  said  city,"  passed 


Title  XXII. 


357     Miscellaneous  Provisions. 


May  thirteeuth,  eighteen  hundred  and  eighty-six,  and  also 
an  act  entitled  "  An  act  to  provide  for  the  annexation  to  the 
City  of  Brooklyn  of  the  town  of  New  Lots,  and  for  the 
acquisition  and  regulation  of  the  water  supply  thereof," 
passed  May  thirteenth,  eighteen  hundred  and  eighty-six,  are 
hereby  repealed  ;  provided,  however,  that  nothing  in  this 
section  contained  shall  abrogate,  annul,  impair,  or  in  any 
manntr  affect  the  corporate  powers,  rights,  privileges  or 
franchises  of  the  said  "the  City  of  Brooklyn,"  or  any  lien, 
contract,  right,  title  or  interest,  heretofore  acquired  by  said 
corporation  or  by  any  other  person  ;  and  provided  further 
that  no  action,  suit  or  proceeding  heretofore  instituted  to 
enforce  any  right,  contract,  interest,  privilege,  franchise, 
power  or  lien,  or  any  proceeding  taken  in  the  exercise  of  any 
power  heretofore  vested  in  the  City  of  Brooklyn  or  any  of  its 
officers,  and  wnich  may  be  pending  at  the  time  of  the  pass- 
age of  this  act  shall  abate  or  be  in  any  manner  affected  by 
the  provisions  of  this  section,  but  may  be  continued  until  a 
final  determination  thereof  in  the  same  manner  and  with  the 
same  effect  as  if  this  section  had  not  been  enacted.  And 
provided  further  that  nothing  herein  contained  shall  be  so 
construed  as  to  annul,  abrogate,  impair  or  in  any  manner 
affect  any  power,  right  or  duty  heretofore  vested  in  the  City 
of  Brooklyn,  or  any  officer,  officers  or  department  thereof,  or 
the  board  of  park  commissioners  in  respect  to  the  enforce- 
ment of  any  tax,  water  rate  or  assessment  or  installments 
thereof  heretofore  levied  according  to  law.  And  provided 
further  that  nothing  in  this  section  contained  shall 
be  so  construed  as  to  modify  or  in  any  manner  affect 
any  general  statute,  or  any  statute  relating  to  the  New  York 
and  Brooklyn  bridge,  or  the  codes  of  civil  or  criminal  pro- 
cedure or  the  penal  code,  or  to  discharge  or  in  any  manner 
affect  any  penalty  or  liability,  civil  or  criminal,  incurred  un- 
der any  law  of  this  State  or  under  any  ordinance  of  said  City 
of  Brooklyn  in  force  at  the  time  of  the  passage  of  this  act. 
For  the  purpose  of  determining  the  effect  of  this  act  upon 
other  acts  that  are,  or  may  be  enacted  during  the  present 
year  relating  to  the  City  of  Brooklyn,  or  the  powers  or  duties 
of  any  of  its  officers  or  agents,  and  the  effect  of  such  other 


Miscellaneous  Provisions.  358 


Titie  XXII. 


acts  on  this  act,  this  act  is  to  be  construed  as,  and  deemed  to 
have  been  enacted  on  the  second  day  of  January,  in  the  }  ear 
eighteen  hundred  and  eighty  eight;  and  for  the  purpose  of 
determining  the  effect  of  this  act  on  the  acts  heretofore 
specially  excepted  by  this  section  from  its  effect  and  the 
effect  of  said  excepted  acts  on  this  act,  this  act  is  to  be  deemed 
and  construed  as  though  enacted  before  each  of  said  excepted 
acts  respectively. 


r 


I 


APPENDIX 

{Jontaining  Amendments  to  Charter  passei  during 
the  Session  of  the  Legislature  for  the 
Year  1895. 


i 


TITLE  II —Legislative  Department. 

Section  2.  The  City  of  Brooklyn  is  divided  into  seven 
aldermanic  districts  known  as  the  first,  second,  third,  fourth, 
fifth,  sixth  and  seventh  aldermanic  districts  respectively. 
The  first  aldermanic  district  consists  of  the  first,  second, 
third,  fourth,  fifth  and  sixth  wards  of  the  said  City  of 
Brooklyn.  The  second  aldermanic  district  consists  of  the 
seventh,  thirteenth,  nineteenth,  and  twenty -first  wards  of  the 
said  City  of  Brooklyn.  The  third  aldermanic  district  con- 
sists of  the  ninth,  eleventh,  twentieth  and  twentj^-second 
wards  of  the  said  City  of  Brooklyn.  The  fourth  aldermanic 
district  consists  of  the  eighth,  tenth,  twelfth,  thirtieth  and 
thirty- first  wards  of  the  said  City  of  Brooklyn.  The  fifth 
aldermanic  district  consists  of  the  twenty-third,  twenty- 
fourth,  twenty-fifth  and  twenty-ninth  wards  of  the  said  City 
of  Brooklyn,  and  of  such  territory  of  the  County  of  Kings  as 
may  hereafter  become  a  part  of  the  said  City  of  Brooklyn. 
The  sixth  aldei'manic  district  consists  of  the  fourteenth, 
fifteenth,  sixteenth  aod  seventeenth  wards  of  the  said  City  of 
Brooklyn,  ha  seventh  aldermanic  district  consists  of  the 
eighteenth,  twenty-sixth,  twenty-seventh  and  twenty- eighth 
wards  of  the  said  City  of  Brooklyn. 
Chap.  197,  Laws  1895. 
Chap.  976,  Laws  1895. 

§  3.  The  common  council  of  the  said  City  of  Brooklyn  con- 
sists of  the  board  of  aldermen  now  in  office.  At  the  general 
State  election  held  in  the  year  eighteen  hundred  and  ninety- 
five,  and  every  two  years  thereafter  at  the  general  election 
four  aldermen  shall  be  elected  from  each  aldermanic  district 
as  hereinbefore  described  and  constituted  but  no  w^ard  shall 
have  more  than  one  representative  in  said  board,  and  the 
aldermen  so  elected,  from  time  to  time,  shall  constitute 
the  common  council.  The  said  members  of  the  common 
council  shall  be  paid  an  annual  salary  as  now  fixed  by  law, 
and  shall  hold  office  for  two  years  from  the  first  day  of 
Januai'y,  at  twelve  o'clock  noon,  next  succeeding  to  the  elec- 


Appendix. 


362 


tion.  All  vacancies  which  may  occur  in  said  common  council 
by  reason  of  the  death,  removal  or  resignation  of  a  member, 
or  otherwise,  shall  be  filled  for  the  unexpired  term  by  election 
of  the  said  common  council,  to  be  determined  hy  a  majority 
of  all  tbe  member  elected  thereto. 

Chap.  197,  Laws  1895. 

Chap.  976,  Laws  1895. 

§  15.  Suits  may  be  prosecuted  in  the  corporate  name  of 
the  city  against  any  person  or  persons  who  shall  violate  any 
provisions  of  any  law,  ordinances  or  regulations  of  the  com- 
mon council  of  said  city,  or  who  shall  neglect  or  refuse  to 
perform  any  act  or  duty  thereby  required  of  him  or  them  ; 
and  in  every  such  action  it  shall  be  sufficient  to  state  in  the 
complaint,  the  by-laws,  ordinance  or  regulation,  and  the  sec- 
tion thereof,  upon  which  such  action  is  brought.  In  all  suits 
for  violation  of  any  ordinance  in  the  cit}^  prosecuted  in  the 
justices'  courts  or  police  courts  thereof,  the  summons  shall  be 
deemed  to  be  served  in  time,  if  served  three  days  before  the 
return  day  thereof ;  and  in  case  the  defendant  be  absent 
from  his  residence  or  place  of  business,  the  summons  may  be 
served  by  leaving  a  copy  of  the  same  at  either  of  such  places, 
with  a  person  of  mature  age  in  charge  thereof :  but  no  exe- 
cution, except  against  property,  shall  be  issued  on  any  judg- 
ment in  such  suit,  unless  the  summons  was  personally  served 
on  the  defendant. 

2.  Proceedings  for  any  violation  of  the  ordinances  of  the 
city  imposing  a  penalty,  may  be  commenced  by  warrant  for 
the  arrest  of  the  offender,  as  well  as  by  summons,  to  be  issued 
by  any  magistrate  or  court  having  jurisdiction  in  the  case, 
before  whom  complaint  shall  be  made,  under  oath,  and  every 
police  justice  and  justice  of  the  peace  in  said  city  shall  have 
jurisdiction  in  all  such  cases.  All  proceedings  so  commenced 
shall  be,  upon  proper  proof,  and  may  be  conducted  summarily 
before  any  such  police  justice  or  justice  of  the  peace,  and 
shall  be  continued  and  conducted  in  the  same  manner  as 
criminal  proceedings  are  now  conducted  in  cases  tried  before 
such  justices,  or  either  of  them,  as  a  court  of  special  sessions, 
including  a  jury  trial,  if  demanded,  in  any  case  where  a  fine 


363 


Appendix. 


exceeding  ten  dollars  may  be  imposed,  but  no  party  charged 
with  such  offense  shall  have  the  right  to  waive  an  examina- 
tion, or  to  elect  to  go  before  any  higher  court  or  tribunal. 
Such  justice  shall  have  authority  to  fine  the  person  offending 
as  aforesaid  a  sum  equal  to  the  penalty  prescribed  by  the 
ordinances,  and  may  sentence  such  persons,  in  default  of  pay- 
ment, to  be  confined  in  the  county  jail  for  a  period  not  ex- 
ceeding ten  days  ;  and  all  laws  relating  to  trial  by  courts  of 
special  sessions  in  the  City  of  Brooklyn,  not  inconsistent 
herewith,  shall  apply  to  such  trials.  In  the  proceedings 
hereby  authorized,  the  offense  shall  be  deemed  to  be  sufii- 
ciently  described  by  stating  the  ordinance  and  sections 
thereof  claimed  to  be  violated. 

Chap.  637,  Laws  of  1895. 

§  20.  The  board  of  estimate  are  hereby  authorized,  in 
their  discretion,  to  include  in  their  annual  statements  and 
estimates  provided  for  by  section  eighteen  of  this  title  the 
whole  or  any  part  of  the  following  specified  sums  of  money 
for  the  respective  purposes  herein  stated,  namely :  Four 
thousand  dollars  to  be  paid  to  the  Brooklj^n  Hospital 
(formerly  City  Hospital)  ;  four  thousand  dollars  to  be  paid 
to  the  Long  Island  College  Hospital :  four  thousand  dollars 
to  be  paid  to  the  Brooklyn  Homoeopathic  Hosj^ital ;  fifteen 
hundred  dollars  to  be  paid  to  the  Brooklyn  Central  Dispen- 
sary ;  fifteen  hundred  dollars  to  be  paid  to  the  Brooklyn 
City  Dispensary  ;  fifteen  hundred  dollars  to  be  paid  to  the 
Brooklyn  Eclectic  Dispensary ;  fifteen  hundred  dollars  to  be 
paid  to  the  Brooklyn  Homoeopathic  Dispensary  ;  five  thousand 
dollars  to  be  paid  to  the  Brooklj^n  Eastern  District  Dis- 
pensary and  Hospital  (formerly  the  Williamsburgh  Dispen- 
sary) ;  fifteen  hundred  dollars  to  be  paid  to  the  Long  Island 
College  Dispensary :  fifteen  hundred  dollars  to  be  paid  to 
the  Gates  Avenue  Homoeopathic  Dispensary  ;  four  thousand 
dollars  to  be  paid  to  the  Brooklyn  Nursery  and  Infants' 
Hospital :  fifteen  hundred  dollars  to  be  paid  to  the  Brooklyn 
Eastern  District  Homoeopathic  Dispensary  (formerly  the 
WiUiamsburgh  Homoeopathic  Dispensary) ;  twenty-five  hun- 
dred dollars  to  be  paid  to  the  Brooklyn  Maternity  (formerly 
Brooklyn  Lying-in- Asylum}  j  fifteen  hundred  dollars  to  be 


Appendix. 


364 


paid  to  the  Eye  and  Ear  Hospital  of  the  Cit}'  of  Brooklyn  ; 
one  thousand  dollars  to  be  paid  to  the  Southern  Dispen- 
sary and  Hospital ;  fifteen  hundred  dollars  to  be  paid  to  the 
Orthopedic  Dispensary  ;  four  thousand  dollars  to  be  paid  to 
the  Saint  Peter's  Hospital ;  fifteen  hundred  dollars  to  be 
paid  to  the  Saint  Peter's  Dispensary  ;  fifteen  hundred  dollars 
to  be  paid  to  the  Atlantic  Avenue  Dispensary  ;  one  thousand 
dollars  to  be  paid  to  the  Saint  Mary's  Dispensary ;  two 
thousand  dollars  to  be  paid  to  the  Brooklyn  Diet  Dispensary ; 
fifteen  hundred  dollars  to  bo  paid  to  the  Saint  Catharine's 
Dispensary ;  four  thousand  dollars  to  be  paid  to  the 
Saint  Catharine's  Hospital ;  one  thousand  dollars  to  be 
paid  to  the  Helping  Hand  Society  of  Brooklyn ;  one 
thousand  dollars  to  be  paid  to  the  Sheltering  Arms 
Nursery  of  Brooklyn ;  four  thousand  dollars  to  be  'paid 
to  the  Brooklyn  Home  for  Consumptives ;  four  thousand 
dollars  to  be  paid  to  the  Memorial  Hospital ;  four 
thousand  dollars  to  be  paid  to  the  Saint  Mary's  General 
Hospital  of  the  City  of  Brooklyn ;  fifteen  hundred  dollars  to 
be  paid  to  the  Central  Homoeopathic  Dispensary ;  fifteen 
hundred  dollars  to  be  paid  to  the  Memorial  Dispensary ; 
fifteen  hundred  dollars  to  be  paid  to  the  Bushwick  and  East 
Brooklyn  Dispensary  ;  fifteen  hundred  dollars  to  be  paid  to 
the  DispeDsary  of  the  College  of  Physicians  and  Surgeons  of 
Saint  Mary's  Hospital  of  the  City  of  Brooklyn ;  four  thousand 
dollars  to  be  paid  to  the  Methodist  Episcopal  Hospital  of  the 
City  of  Brooklyn ;  two  thousand  dollars  to  be  paid  to  the 
Saint  Mary's  Female  Hospital ;  fifteen  hundred  dollars  to  be 
paid  to  the  Lutheran  Hospital  Association  of  the  City  of 
New  York  and  vicinity ;  four  thousand  dollars  to  be  paid  to 
the  Brooklyn  Throat  Hospital ;  fifteen  hundred  dollars  to  be 
paid  to  the  Bedford  Dispensary ;  two  thousand  dollars  to  be 
paid  to  the  Saint  Martha's  ^^anitarium  and  Dispensary  ;  three 
thousand  dollars  to  be  paid  to  the  Central  Throat  Hospital 
and  Polyclinic  Dispensary  ;  two  thousand  dollars  to  be  paid 
the  to  Long  Island  Throat  and  Lung  Hospital  and  Peoples' 
Dispensary  Association;  four  thousand  dollars  to  be  paid 
to  the  Norwegian  Lutheran  Deaconesses'  Home  and 
Hospital ;  two  thousand  dollars  to  be  paid  to  the  Brooklyn 


365 


Appendix, 


Home  for  Aged  Colored  People ;  three  thousand  dollars 
io  be  paid  to  the  Saint  Mary's  Maternity  and  Infants 
Home ;  two  thousand  dollars  to  be  paid  to  the  Memorial 
Training  School  for  Nurses ;  four  thousand  dollars  to  be 
paid  to  the  Church  Charity  Foundation  of  Long  Island  for 
its  hospital  ;  twenty-five  hundred  dollars  to  be  paid  to  the 
Home  of  Saint  Giles  the  Cripple  :  three  thousand  dollars  to 
be  paid  to  the  Bushwick  Hospital :  four  thousand  dollars  to 
be  paid  to  the  Society  for  the  Prevention  of  Cruelty  to 
Children  ;  two  thousand  dollars  to  be  paid  to  the  Brooklyn 
Training  School  and  Home  for  Young  Girls  :  fifteen  hundred 
dollars  to  be  paid  to  the  Dispensary  of  the  Methodist  Episco- 
pal Hospital :  twenty -five  hundred  dollars  to  be  paid  to  the 
Low  Maternity  :  fifteen  hundred  dollars  to  be  paid  to  the 
Brooklyn  Hospital  Dispensary  ;  two  thousand  dollars  to  be 
paid  to  the  Society  for  the  Aid  of  Friendless  Women  and 
Children ;  two  thousand  dollars  to  be  paid  to  the  Stone 
Maternity  of  Brooklyn  ;  such  several  sums  of  money  to  be 
paid  to  the  several  institutions  in  consideration  of  their  con- 
tracting to  render  and  rendering  medical  and  surgical  aid 
and  treatment  to  the  poor  of  the  City  of  Brooklyn  who  may 
apply  to  them  therefor ;  such  contract  to  be  in  writing, 
executed  on  behalf  of  the  city  by  the  said  mayor  and  comp- 
troller, and  also  by  the  executive  officers  of  said  associations, 
respectively,  and  to  be  approved  by  the  counsel  to  the  corpo- 
ration of  said  city,  and  to  be  filed  annually  on  or  before  the 
■thirty-first  day  of  May  in  the  office  of  the  clerk  of  said  city. 
Chap.  655,  Laws  of  1895. 

Memorial  day  celebration. 

Chap.  588,  Laws  of  1895. 

Twenty-ninth  ward  deficiencies. 
Chap.  541,  Laws  of  1895. 

§  28.  The  common  council  shall,  during  the  month  of  Jan- 
uary, eighteen  hundred  and  ninety-six,  and  every  two  years 
thereafter,  appoint  a  keeper  and  an  assistant  keeper  of  the 
city  hall,  who  shall  take  office  on  the  first  day  of  February, 
next  succeeding  their  appointment,  and  shall  hold  office  for 
the  term  of  two  years  and  until  their  successors  shall  be  ap- 
pointed.   The  salarj'  of  said  office  shall  be  fixed  by  the  board 


Appendix. 


366 


of  estimate  of  said  cit}-  at  its  annual  meetinor  in  the  year 
eighteen  hundred  and  ninety-five,  and  may  be  changed  at 
any  annual  meeting  of  said  board  of  estimate  immediately 
prior  to  the  beginning  of  a  new  term  of  said  office.  The 
terms  of  office  of  the  present  keeper  and  assistant  keeper  of 
the  city  hall  shall  terminate  on  the  first  day  of  February, 
eighteen  hundred  and  ninety-six. 
Chap.  683,  Laws  of  1895. 

^  17.  This  section  was  repealed  by  Chaptee  49  of  the  Laws 
of  1888,  as  amended  by  Chapter  87  of  the  Laws  of  1890,  and 
this  act  was  further  amended  in  1895,  as  follows : 

?  18.  The  common  council  shall  designate  five  daily  news- 
papers published  in  the  City  of  Brooklyn  (one  of  which  shall 
be  printed  and  published  in  the  eastern  district  of  said  city, 
and  one  of  which  shall  be  published  in  the  German  language), 
having  the  largest  actual  average  daily  circulation  therein,  in 
which  shall  be  published  all  the  ordinances,  resolutions,  no- 
tices, tax  and  assessment  sales,  and  all  other  proceedings 
which  by  this  act  shall  be  required  to  be  published  affecting 
said  city,  provided  that  the  aggregate  expenditures  for  pub- 
lication in  such  five  newspapers  shall  be  one  hundred  thou- 
sand dollars  per  annum,  of  which  sum  each  paper  shall  re- 
ceive an  equal  part,  exclusive  of  tax  and  assessment  sales : 
and  further  provided  that  such  papers  as  have  been  hereto- 
fore designated  as  corporation  newspapers,  shall  continue  to 
act  as  such  until  the  common  council  shall,  by  a  three-fourths 
vote  of  all  the  members  elect,  designate  others  in  place  of 
them.  And  be  it  further  provided  that  hereafter  no  news- 
paper shall  be  designated  as  a  corporation  newspaper  that 
has  not  been  published  as  a  daily  paper  in  said  City  of  Brook- 
lyn for  at  least  two  years  before  being  so  designated. 
Chap.  359,  Laws  1895. 

TITLE  III.— City  Officers. 

Section  11.  No  person  shall  be  eligible  to  the  office  of 
mayor  unless  he  has  resided  in  the  city  at  least  five  years, 
and  has  attained  the  age  of  twenty-five  years.  His  salary 
shall  be  six  thousand  dollars  per  annum.    He  shall,  by  virtue 


367 


Appendix. 


of  his  office,  be  a  supervisor  of  the  County  of  Kings,  and  shall 
possess  all  the  jurisdiction  and  exercise  all  the  powers  and 
authority  in  criminal  cases,  of  a  justice  of  the  peace  of  said 
city,  in  addition  to  the  powers  heretofore  given  him  by  this 
act,  but  shall  receive  n  >  fees  for  his  services  as  such  justice 
of  the  peace,  or  for  his  services  as  supervisor. 
It  shall  be  his  duty  : 

1.  To  communicate  to  the  common  council,  at  their  first 
meeting  in  the  month  of  January,  each  year,  and  oftener  if 
he  shall  deem  it  expedient,  a  general  statement  of  the  condi- 
tion of  the  city  in  relation  to  its  government,  finances  and 
improvements,  with  such  recommendations  as  he  may  deem 
proper. 

2.  To  be  vigilant  and  active  in  causing  the  laws  and  ordin- 
ances of  the  city  to  be  duly  executed  and  enforced,  to  exer- 
cise a  constant  supervision  over  the  conduct  and  acts  of  all 
officers,  to  examine  into  all  complaints  preferred  against 
them  for  a  violation  or  neglect  of  duty,  and  generally  to  per- 
form all  such  duties  as  may  be  required  of  him  by  law  ;  for 
which  purpose  he  shall  have  and  possess  all  the  authority 
and  power  in  criminal  cases,  to  arrest  and  commit  for  exam- 
ination all  offenders  for  offences  committed  within  said  city 
against  the  laws  of  this  State,  of  a  police  magistrate  or  jus- 
tice of  the  peace  of  any  of  the  towns  of  this  State,  and  for 
the  preservation  of  the  peace.  And  shall  have  the  power  and 
authority  to  issue  warrants  against  any  and  all  persons  vio- 
lating any  of  the  ordinances,  by-laws  or  regulations  of  the 
common  council,  or  to  direct  the  proper  officers  to  arrest  such 
persons,  and  summarily  to  hear,  try  and  determine  and  dis- 
pose of  the  same,  where  the  penalty  imposed  by  said  ordin- 
nance,  bj^-law  or  regulation  shall  not  exceed  ten  dollars. 
And  in  case  the  penalty  imposed  by  said  ordinance,  by-law 
or  regulation  shall  not  be  paid  forthwith,  upon  such  person 
being  adjudged  guilty,  then  the  said  mayor  shall  have  power, 
by  warrant  under  his  hand  and  seal,  to  commit  the  said 
offender  to  the  county  jail  of  Kings  County  for  a  term  not 
exceeding  thirty  days,  or  until  the  fine  is  paid  ;  and  in  cases 
where  the  penalty  shall  exceed  ten  dollars,  the  said  mayor 
may,  after  examination,  hold  the  parties  to  bail.    And  in  all 


Appendix. 


368 


cases  where  such  person  shall  hold  a  license  or  warrant, 
granted  by  the  common  council,  or  any  of  the  officers  thereof, 
it  shall  be  lawful  for  the  said  mayor  to  suspend  said  license 
or  warrant,  or  the  person  so  found  guilty,  from  the  benefits 
and  privileges  of  said  license  or  warrant  until  the  common 
council  shall  pass  upon  the  same.  And  it  shall  be  the  duty 
of  the  mayor  to  report  the  fact  of  such  suspension,  together 
with  his  reason  therefor,  to  the  board  of  aldermen  at  the 
next  meeting  thereof.  And  no  person  so  suspended  shall  be 
entitled  to  any  benefits,  privileges  or  rights  under  such  license 
or  warrants  until  the  suspension  shall  be  removed  by  the 
common  council.  He  shall,  jointly  with  the  comptroller,  sign 
all  warrants,  bonds,  and  other  obligations  of  the  corporation. 
But  he  shall  not  sign  any  warrant  or  other  obligation  unless 
a  proper  voucher  therefor  shall  have  been  first  examined  and 
certified  to  by  him ;  and  he  shall  sign  no  bonds  for  any  loan 
unless  the  receipt  of  the  treasurer  for  the  money  loaned  shall 
have  been  first  seen  anel  indorsed  by  him.  Provided,  ho\n- 
ever,  that  he  may  designate  in  writing,  some  suitable  person 
employed  in  the  office  of  said  mayor,  to  sign  in  his  stead  all 
salary  warrants  to  tvhatever  amount  and  all  other  v^arrants 
not  exceeding  in  amount  two  hundred  and  fifty  dollars ; 
and  may,  from  time  to  time,  revoke  or  change  such  designa- 
tion. He  shall  file  a  copy  of  such  desig?iation  or  revocation 
in  the  ofice  of  the  comptroller,  and  a  copy  thereof  in  the 
office  of  the  city  treasurer. 

Chap.  4:6,  Laws  of  1895. 

TITLE  IV.-Finance. 

Section  4.  All  stocks,  bonds,  certificates  and  other  obliga- 
tions of  the  City  of  Brooklyn  hereafter  issued  under  the  au- 
thority of  tnis  act  or  any  other  act,  whether  general  or  spec- 
ial, shall  be  disposed  of  by  the  mayor  and  comptroller,  and 
shall  bear  interest  at  such  rate,  not  exceeding  four  per  centum 
per  annum,  as  the  said  mayor  and  comptroller  shall  in  their 
discretion  fix  and  determine,  except  that  certificates  of  in- 
debtedness or  revenue  bonds  issued  in  anticipation  of  the 
collection  of  taxes  may  bear  such  rate  of  interest,  not  exceed- 


369 


Appendix. 


ing  six  per  centum  per  annum,  as  the  said  mayor  and  comp- 
troller shall  determine  ;  and  all  bonds  hereafter  to  be  issued 
by  the  City  of  Brooklyn,  by  virtue  of  this  act,  or  of  any  other 
act,  whether  general  or  special,  shall  be  free  and  exempt 
from  all  taxation  except  for  State  purposes.  All  stock  of  the 
City  of  Brooklyn  hereafter  issued  in  pursuance  of  laws  already 
passed,  or  which  may  be  hereafter  passed,  authorizing  the 
issue  of  stock  or  bonds  of  the  City  of  Brooklyn  shall,  unless 
such  laws  otherwise  provide,  be  known  as  "  consolidated  stock 
of  the  City  of  Brooklyn,"  and  be  issued  under  the  authority 
of  this  title,  as  well  as  of  the  authority  of  said  laws.  The 
consolidated  city  stock  so  authorized  to  be  issued  shall  be 
either  registered  or  coupon  stock,  in  sums  of  not  less  than 
five  hundred  dollars  each  share,  conditioned  to  be  paid  in 
gold  coin  or  in  the  legal  currency  of  the  United  States,  at 
the  option  of  the  said  comptroller,  and  shall  be  made  redeem- 
able at  a  period  not  less  than  twenty  years  and  not  more  than 
fifty  years  from  the  date  of  issue  thereof.  The  coupon  con- 
solidated city  stock  may  be  converted  into  registered  stock  at 
any  time  at  the  option  of  the  holder  thereof,  and  the  said 
comptroller  is  hereby  authorized  to  issue  registered  or  con- 
solidated city  stock  therefor  in  manner  and  form  as  herein- 
before provided,  and  such  registered  stock  shall  be  transfer- 
able at  the  option  of  the  holder  at  any  time,  under  such  rules 
and  regulations  as  the  said  comptroller  shall  prescribe.  To 
provide  for  the  payment  of  all  bonds^  and  stocks  of  said  city 
hereafter  issued  pursuant  to  the  provisions  of  any  statute 
authorizing  the  same,  but  which,  by  the  provisions  of  such 
statute,  are  payable  from  taxation  other  than  revenue  bonds 
issued  in  anticipation  of  the  collection  of  taxes,  there  shall  be 
included  by  the  board  of  estimate  in  the  annual  estimate 
each  year  of  the  amount  required  to  be  raised  by  law  for  all 
city  and  county  purposes  for  the  fiscal  year  next  succeeding 
such  proportionate  sum  as  shall  be  certified  to  the  said  board 
by  the  comptroller  as  sufl&cient,  with  the  accumulations  of 
interest  thereon,  to  meet  and  discharge  the  amount  of  said 
bonds  and  stocks  by  the  time  the  same  shall  be  payable, 
which  sum  shall  be  placed  in  the  tax  levy  each  year,  and  shall 
be  paid  annually  in  the  month  of  January  to  the  commis- 


Appendix. 


370 


sioners  of  the  sinking  fund,  to  be  invested  by  them  in  the 
same  manner  as  is  provided  that  the  revenue  pledged  to  the 
sinking  fund  for  the  redemption  of  the  city  debt  may  be 
invested.  The  comptroller  shall  keep  careful  accounts  in  his 
office  of  all  stocks,  bonds,  certificates  and  other  obligations 
of  the  City  of  Brooklyn,  and  shall  prescribe  the  form  of  such 
obligations  and  sign  the  same  jointly  with  the  mayor,  but  no 
stocks,  certificates  or  bonds  or  other  obligations  shall  be  de- 
livered by  them  for  any  loan  to  the  corporation  until  the 
amount  has  been  actually  deposited  iu  the  city  treasury,  and 
the  receipt  for  the  money  is  produced  and  filed  in  the  comp- 
troller's office. 

Chap.  648,  Laws  of  1895. 

See  Chap.  340,  Laws  of  1895. 

Sec.  11.  The  sinking  fund  shall  comprise  all  moneys  here- 
tofore or  hereafter  raised  by  tax  or  received  from  other 
sources  for  the  payment  of  the  principal  or  interest  of  city 
loans,  together  with  the  interest  accruing  from  the  invest- 
ment of  such  money  by  the  commissioners  of  the  sinking 
fund  ;  also  all  pa^'ments  made  for  investments,  interest  on 
the  city  loans  and  for  redemptions  of  the  principal  thereof. 
The  accounts  of  this  fund  shall  at  all  times  exhibit  the  de- 
scription and  amounts  of  securities  and  investments  belong- 
ing to  it ;  also  the  amount  of  unemployed  money  on  hand, 
and  the  names  of  the  institutions  in  which  the  same  are  de- 
posited. Any  excess  there  may  be  in  said  fund,  after  pro- 
viding for  the  payment  of  the  bonds  and  stocks  of  said  city, 
and  the  interest  thereon  payable  therefrom,  as  provided  by 
law,  shall  form  a  fund  for  the  payment  of  other  bonds  and 
stocks  of  said  cit}^,  as  by  this  statute  provided.  All  moneys 
and  revenues  of  said  city  heretofore  pledged  and  appropriated 
to  and  constituting  and  founding  said  sinking  fund,  or  that 
may  hereafter  be  provided  therefor,  shall  continue  to  be  and 
the  same  are  hereby  pledged  and  appropriated  to  said  fund 
until  all  of  said  bonds  and  stocks  of  the  said  city  shall  be 
fully  and  finally  redeemed.  Nothing  in  this  title  contained 
shall  be  held  to  require  or  authorize  the  commissioners  of 
the  sinking  fund  to  use  or  apply  any  part  or  portion  of  the 
accumulations  in  said  sinking  fund  for  the  redemption  of  the 


371 


Appendix. 


city  debt  or  the  revenues  of  said  fund  in  any  manner  what- 
ever whereby  the  security  of  said  fund  for  the  payment  of 
the  bonds  and  stocks  of  said  city,  for  which  said  fund  is  now 
pledged  by  law,  and  which  are  a  charge  on  said  fund,  shall 
be  alienated  or  impaired,  and  the  said  bonds  and  stocks  are 
hereby  declared  to  constitute  a  preferred  charge  on  said 
sinking  fund  until  the  same  are  fully  and  finally  paid  and 
redeemed. 

Chap.  648,  Laws  of  1895. 

?  16.  The  moneys  and  securities  of  the  sinking  fund  shall 
be  under  the  control  and  management  of  three  commissioners, 
consisting  of  the  mayor,  comptroller  and  auditor,  who  shall 
be  known  as  the  commissioners  of  the  sinking  fund.  The 
comptroller  shall  have  the  custody  of  all  securities,  books  and 
papers  belonging  to  said  commissioners  or  appertaining  to 
said  fund.  All  bonds  and  other  securities  belonging  to  the 
sinking  fund  shall  be  indorsed  by  the  comptroller  as  follows  : 
"The  property  of  the  sinking  fund  of  the  City  of  Brooklyn, 
transferable  from  said  fund  only  by  written  order  of  the 
mayor,  comptroller  and  auditor,  the  commissioners  of  said 
fund."  Any  transfer,  without  such  order,  of  any  bond  so  in- 
dorsed shall  be  null  and  void.  The  commissioners  of  the 
sinking  fund  are  hereby  authorized  and  empowered  to  call 
in,  pay  and  redeem  any  portion  of  the  bonded  debt  now  a 
charge  upon  the  treasury  of  the  said  city,  other  than  revenue 
bonds  issued  in  anticipation  of  the  collection  of  taxes,  when 
they  may  deem  it  to  be  advantageous  for  the  interest  of  the 
city  so  to  do,  and  for  this  purpose  the  said  commissioners  of 
the  sinking  fund  are  hereby  empowered  to  authorize  by  a 
concurrent  vote  and  direct  the  comptroller  to  issue  and  sell 
or  exchange  therefor  at  not  less  than  par  "consolidated 
stock  "  of  said  city,  payable  within  a  period  of  not  less  than 
twenty  nor  more  than  fifty  years  from  the  ciate  of  issue 
thereof ;  and  upon  the  payment  and  redemption  of  any  por- 
tion of  said  bonded  debt  the  certificate  thereof  shaU  be  can- 
celled by  said  commissioners.  The  "  consolidated  stock  "  of 
said  city,  issued  as  by  this  section  authorized,  after  fully  pro- 
viding for  the  preferred  bonds  and  stocks  of  said  city,  as 
specified  in  section  eleven  of  this  title,  shall  form  a  charge 


Appendix. 


372 


upon  the  said  sinking  fund  for  the  redemption  of  the  city 
debt,  and  Any  part  of  said  bonded  debt  falling  due  not  ex- 
changed for  or  redeemed  from  the  proceeds  of  consolidated 
stock,  as  herein  provided,  may  be  paid  from  said  sinking 
fund  for  the  redemption  of  the  city  debt,  provided  such  pay- 
ment shall  not  in  any  way  impair  the  preferred  claims 
thereon,  as  in  section  eleven  of  this  title  specified  ;  and  pro- 
vided, also,  the  commissioners  of  the  sinking  fund  shall  deem 
it  for  the  best  interests  of  the  city  that  such  payment  should 
be  made.  From  the  said  sinking  fund  for  the  redemption  of 
the  city  debt  and  the  interest  thereon  shall  be  paid  and  re- 
deemed all  preferred  bonds  and  stocks  of  said  city  for  the 
payment  or  redemption  of  which  said  fund  is  pledged,  as 
aforesaid,  and  other  bonds  and  stocks  of  said  city,  as  by  this 
title  authorized. 

Chap.  648,  Laws  of  1895. 

§  18.  The  said  commissioners  shall,  from  time  to  time,  in- 
vest the  money  of  said  fund  in  any  stock  for  the  payment  of 
which  the  faith  of  this  State  or  the  XJnitea  States  is  or  shall 
be  pledged,  or  in  any  of  the  bonds  or  securities  issued  by 
said  city  or  the  County  of  Kings,  and  shall  deposit  said  mon- 
eys with  any  safe  moneyed  corporation  in  this  State,  and 
make  such  contracts  with  such  institution  for  the  duration  of 
such  deposits  and  the  interest  thereon  as  they  shall  consider 
for  the  best  interest  of  such  fund,  and  may  also  at  such  times 
and  upon  such  terms,  as  they  may  deem  advisable,  pay  any 
part  of  the  moneys  borrowed  or  raised,  for  the  final  payment 
of  which  the  faith  and  property  of  the  city  is  pledged  in  pur- 
suance of  law.  And  it  shall  be  the  duty  of  the  sinking  fund 
commissioners,  on  or  before  the  fifteenth  day  of  May  in  each 
year,  to  certify  to  the  board  of  estimate  such  amounts  of 
money  as  must,  under  the  law,  be  inserted  in  the  ensuing 
annual  estimate  of  said  board  and  raised  by  taxation  to  meet 
the  annual  interest  upon,  or  the  principal  of,  any  bonds  or 
obligations  issued  by  the  said  City  of  Brooklyn. 
Chap.  648,  Laws  of  1895. 


373 


Appendix. 


TITLE  VII.— Collection. 

Section  6.  The  supervisors  of  the  County  of  Kings  shall 
cause  the  corrected  assessment  rolls  of  the  several  wards,  or 
fair  copies  thereof,  with  warrants  for  collection,  to  be  delivered 
to  the  collector  on  or  before  the  fifteenth  day  of  November  in 
each  year,  and  shall  also  deliver  to  the  comptroller  a  copy  of 
such  rolls  :  and  the  common  council  shall  cause  every  assess- 
ment roll  made  for  any  improvement  in  said  city,  or  a  fair 
copy  thereof,  with  a  warrant  for  collection,  to  be  delivered  to 
said  collector  within  ten  days  after  the  same  shall  be  finally 
confirmed,  and  also  deliver  to  the  comptroller  a  copy  of  such 
roll.  But  no  warrant  for  the  collecuon  of  any  assessment 
shall  be  issued  by  the  common  council  until  all  the  proceed- 
ings had  in  laying  said  assessment  shall  have  been  examined 
and  certified  as  correct  by  the  commissioner  of  city  works  and 
the  corporation  counsel,  which  certificate  shall  be  indorsed 
upon  or  annexed  to  the  assessment  roll,  and  shall  be  pre- 
sumptive evidence  of  the  regularity  of  the  proceedings.  The 
collection  of  taxes  shall  be  commenced  on  the  fifteenth  day 
of  December  in  each  year. 

Chap.  888,  Laws  of  1895. 

§  10.  On  all  taxes  and  assessments  which  shall  be  paid  to 
the  collector  before  the  expiration  of  thirty  days  from  the 
time  the  same  shall  become  due  and  payable,  an  allowance 
shall  be  made  to  the  person  or  persons  making  such  pay- 
ments, at  the  rate  of  seven  and  three-tenths  per  centum  per 
annum  for  the  unexpired  portion  thereof,  and  the  amount  of 
such  allowance  shall  be  credited  to  the  account  of  the  col- 
lector and  charged  to  the  account  of  the  revenue  fund.  On 
all  taxes,  assessments  and  water  rates  paid  after  the  expira- 
tion of  thirty  days  from  the  time  the  same  shall  have  become 
due  and  payable,  there  shall  be  added  to  and  collected  as 
part  of  every  such  tax,  assessment  or  water  rate,  interest  at 
the  rate  of  nine  per  centum  per  annum,  to  be  computed  from 
the  time  the  same  became  due  and  payable  to  the  date  of 
said  payment. 

Chap.  888,  Laws  of  1895. 


Appendix 


374 


TITLE  X— Assessment. 

Section  3.  The  said  assessors  shall  make  out  the  assess- 
ment lists  aud  rolls  for  local  improvements  and  taxes,  and 
perform  such  other  duties  as  may  be  required  of  them  under 
the  direction  of  the  president.  Said  board  of  assessors  shall 
have  power,  and  it  shall  be  their  dut}^  to  make  all  assess- 
ments for  taxes  and  local  improvements  except  for  sewers,  in 
in  the  City  of  Brooklyn  in  the  manner  by  this  act  or  other 
laws  provided,  and  all  provisions  of  law  now  applicable  to 
the  assessors  of  Brooklyn,  or  towns  in  this  State,  in  relation 
to  assessments  for  taxes  in  said  city,  are  hereby  declared  to 
apply  to  the  assessors  t  j  be  appointed  under  this  act.  The 
ward  maps  made,  or  to  be  made,  shall  continue  to  be  in  the 
custody  of  said  board  of  assessors,  and  all  assessments  shall 
refer  to  said  maps,  except  in  cases  where  they  do  not  exist  ^ 
and  where  a  portion  of  any  lot  of  laud  laid  down  on  said 
maps  shall  be  taken  for  any  improvement,  the  residue  shall 
be  deemed  liable  to  be  assessed  for  such  improvement ;  and 
land  occupied  by  a  person  other  than  the  reputed  owner  may 
be  assessed  in  the  name  of  the  occupant.  Where  two  or 
more  lots  shown  upon  said  maps  are  improved  as  one  parcel, 
they  may  be  assessed  together.  No  tax,  assessment  or  water 
rate,  and  no  amount  by  way  of  tax,  assessment  and  water 
rate,  heretofore  levied  or  fixed,  adjusted,  determined  and 
certified  witb  reference  to  any  property  situated  within  the 
City  of  Brooklyn,  and  no  pending  proceeding  for  the  sale  or 
pending  sale  or  notice  of  the  sale  of  any  such  property  for 
the  non-payment  of  any  such  tax,  assessment,  water  rate  or 
amount,  shall  be  held  or  declared  to  be  invalid  or  ineffectual 
by  reason  of  the  fact  that  two  or  more  lots  shown  on  said 
maps,  whether  vacant  or  improved,  have  been  valued  or 
assessed  as  one  parcel,  or  by  reason  of  the  fact  that  such  tax, 
assessment,  water  rate  or  amount  has  been  levied  or  fixed, 
adjusted,  determined  and  certified  upon  two  or  more  such 
lots  tied  together  as  one  parcel,  but  afl  such  taxes,  assess- 


375  Appendix 

ments,  water  rates  and  amounts  so  levied  or  fixed,  adjusted, 
determined  and  certified,  and  all  such  pending  proceedings 
are  hereb}-  ratified,  made  valid  and  effectual  in  the  law. 

Chap.  1015,  Laws  of  1895. 

(See  Sec.  2,  Chap.  1015,  Laws  of  1895). 


TITLE  XL— Police  and  Excise. 

Section  6.  The  co-nmissioner  of  police  and  excise  of  the 
City  of  Brooklyn  is  hereby  authorized,  by  and  with  the  con- 
sent and  approval  of  a  majority  of  the  board  of  estimate  of 
said  city  and  county  of  Kings,  to  fix  the  salary  of  the  super- 
intendent of  police  of  said  city  at  an  amount  not  less  than 
four  thousand  dollars  nor  more  than  five  thousand  dollars 
per  annum,  and  fix  the  salaries  of  the  inspectors  of  police  of 
said  city  at  an  amount  not  less  than  two  thousand  five 
hundred  nor  more  than  three  thousand  five  hundred  dollars 
per  annum,  and  fix  the  salaries  of  the  captains  of  police  of 
said  city  at  an  amount  not  less  than  two  thousand  nor  more 
than  two  thousand  seven  hundred  and  fifty  dollars.    Also  to 
fix  the  salaries  of  sergeants  of  police  of  said  city  at  an 
amount  not  less  than  fifteen  hundred  dollars  nor  more  than 
two  thousand  dollars  per  annum  :  also  to  fix  the  salaries  of 
all  detectives  attached  to  the  police  department  of  said  city 
at  an  amount  not  less  than  fifteen  hundred  dollars  nor  more 
than  two  thousand  dollars  per  annum,  and  said  detectives 
shall  be  known  under  and  by  the  name  of  detective  sergeants, 
and  shall  rank  the  same  as  all  other  sergeants  of  police,  and 
shall  be  eUgible  for  promotion  in  the  entire  poHce  force  in 
said  city,  under  the  same  rules  and  conditions  applicable  to 
the  promotion  of  all  other  sergeants  of  police  in  said  city  ; 
also  to  fix  the  salaries  of  the  roundsmen  of  said  city  at  an 
amount  not  less  than  eleven  hundred  nor  more  than  twelve 
hundred  dollars  per  annum. 

Chap.  996,  Laws  of  1895. 


Appendix 


376 


TITLE  XIV.— Buildings. 

Section  1.  The  head  of  the  department  of  buildings  shall 
be  the  commissioner  of  buildings :  he  shall  be  a  practical 
mason,  carpenter  or  architect  of  at  least  ten  years'  experience ; 
he  shall  have  sole  and  exclusive  control  and  management  of 
all  matters  relating  to  the  regulation  and  supervision  of  the 
erection,  alteration,  repair,  demolition  and  removal  of  all 
buildings  within  the  City  of  Brooklyn,  and  is  charged  with 
the  execution  of  the  provisions  of  this  act  relating  to  buildings, 
as  hereinafter  provided.  He  shall  appoint  such  inspectors, 
clerks,  experts  and  such  other  subordinates  as  in  his  judg- 
ment may  be  necessary  to  carry  out  and  enforce  the  provi- 
sions of  this  act,  and  fix  their  salaries  :  the  inspectors  of 
buildings  shall  be  practical  architects,  civil  engineers,  masons 
or  carpenters  of  at  least  ten  years'  experience  :  the  inspectors 
of  elevators  shall  be  practical  machinists  :  the  experts  shall 
be  practical  builders,  architects  or  engineers,  and  competent 
to  pass  on  all  plans  and  questions  relating  to  buildings  of 
any  kind.  The  commissioner  shall  have  full  power  to  revoke 
and  cancel  any  permit  or  certificate  of  approval  granted  by 
him  in  case  the  person  or  persons  to  whom  the  same  is 
issued  fails  or  neglects  to  comply  with  any  of  the  provisions 
of  this  title,  or  of  any  law  or  ordinance  relating  to  buildings 
in  the  City  of  Brooklyn. 

Chap.  292,  Laws  of  1895. 

§  6.  In  buildings,  where  the  space  under  the  sidewalk  is 
utilized,  a  suflScient  stone  or  brick  wall  shall  be  built  to 
retain  the  roadway  of  the  street,  and  the  side,  end  or  party 
walls  of  such  buildings  shall  extend  under  the  sidewalk,  of 
sufficient  thickness,  to  such  walls.  The  roofs  of  all  vaults 
shall  be  of  incombustible  material.  If  formed  of  brick  or 
concrete  arches,  such  arches  must  have  at  least  one  inch  rise 
for  every  foot  of  span.  Openings  in  the  roofs  of  vaults  for  the 
admission  of  coal  or  light  shall  be  covered,  with  lights  of 
glass  in  iron  frames,  or  with  iron  covers  having  a  rough  sur- 
face, and  rabbeted  flush  with  the  sidewalk :  these  lights  shall 


377 


Appendix. 


not  be  more  then  four  inches  square.  When  areas  are 
covered,  iron,  or  iron  and  glass  combined,  stone  or  other 
incombustible  materials  shall  be  used,  and  sufficient  strength 
in  such  covering  shall  be  provided  to  insure  safety  to  persons 
walking  on  the  same,  and  to  carry  the  loads  which  may  be 
placed  thereoD.  Open  areas  shall  be  properly  protected  with 
suitable  railings.  All  areas  more  than  eight  feet  in  depth 
below  curb  level  must  be  covered. 
Chap.  292,  Laws  of  1895. 

?  7.  The  party  walls  of  dwelling  houses  not  over  twenty 
feet  in  width  and  forty-five  feet  in  depth  and  thirty-five  feet 
in  height,  if  built  of  brick,  may  be  eight  inches  in  thickness, 
but  no  eight-inch  bearing  wall  shall  be  built  below  curb  level, 
and  no  front,  side  or  rear  wall  shall  be  less  than  twelve  inches 
in  thickness.  All  buildings  shall  have  front,  rear  and  side 
walls.  The  walls  of  all  dwelling  houses,  whether  called 
tenement  houses,  apartment  houses,  flats,  hotels,  or  other 
buildings,  which  are  to  be  used  for  residence  purposes, 
twenty-six  feet  or  less  in  width  between  bearing  walls,  and 
also  the  walls  of  school  houses,  which  are  hereafter  erected, 
or  which  may  be  altered  to  be  used  as  herein  specified,  over 
thirty -five  feet  in  height,  and  not  over  fifty  feet  in  height, 
shall  not  be  less  than  twelve  inches  thick  above  the  founda- 
tion wall.  No  wall  shall  be  built  having  a  twelve  inch  thick 
portion  measuring  vertically  more  than  fifty  feet,  except  non- 
bearing  partition  walls,  sufficiently  supported  by  cross  walls, 
in  which  case  the  twelve  inch  thick  portion  may  be  built 
sixty  feet  above  curb  level.  If  over  fifty  feet  in  height,  and 
not  over  sixty  feet  in  height,  the  walls  shall  not  be  less  than 
twelve  inches  thick  above  the  level  of  the  second  tier  of 
beams,  and  not  less  than  sixteen  inches  thick  in  the  first 
story.  If  over  sixty  feet  in  height,  and  not  over  seventy-five 
feet  in  height,  the  walls  shall  not  be  less  than  sixteen  inches 
thick  to  the  height  of  twenty -five  feet,  or  to  the  nearest  tier 
of  beams  to  that  height,  and  from  thence  not  less  than 
twelve  inches  thick  to  the  top.  If  over  seventy-five  feet  in 
height,  and  not  over  eighty-five  feet  in  height,  the  walls  shall 
not  be  less  than  twenty  inches  thick  to  the  height  of  twenty 
feet,  or  to  the  nearest  tier  of  beams  to  that  height,  thence 


Appendix 


378 


not  less  than  sixteen  inches  tbiok  to  the  height  of  sixty  feet, 
or  to  the  nearest  tier  of  beams  to  that  height,  and  from 
thence  not  less  than  twelve  inches  thick  to  the  top.    If  over 
eighty-five  feet  in  height,  and  not  over  one  hundred  feet  in 
height,  the  walls  shall  not  be  less  than  twenty-four  inches 
thick  to  the  heii>htof  thirty-five  feet,  or  to  the  nearest  tier  of 
beams  to  that  height,  thence  not  less  than  twenty  inches 
thick  to  the  height  of  seventy-five  feet,  or  to  the  nearest  tier 
of  beams  to  that  height,  and  from  thence  not  less  than  six- 
teen inches  thick  to  the  top.    If  over  one  hundred  feet  in 
height,  and  not  over  one  hundred  and  fifteen  feet  in  height, 
the  walls  shall  not  be  less  than  twenty-eight  inches  thick  to 
the  height  of  twenty-five  feet,  or  to  the  nearest  tier  of  beams 
to  that  height,  thence  not  less  than  twenty-four  inches  thick 
to  the  height  of  fifty  feet,  or  to  the  nearest  tier  of  beams  to 
that  height,  thence  not  less  than  twenty  inches  thick  to  the 
height  of  ninety  feet,  or  to  the  nearest  tier  of  beams  to  that 
height,  and  from  thence  not  less  than  sixteen  inches  thick  to 
the  top.    If  over  one  hundred  and  fifteen  feet  in  height,  each 
additional  twenty- five  feet  in  height  or  part  thereof,  next  above 
the  curb,  shall  be  increased  four  inches  in  thickness,  the 
upper  one  hundred  and  fifteen  feet  of  wall  remaining  the 
same  as  specified  for  a  wall  of  that  height.    All  dwelling 
houses  erected  under  this  section  exceeding  twenty-six  feet  in 
width  must  have  brick  partition  walls.    All  non-bearing 
walls  of  buildings,  hereinbefore  in  this  section  specified,  may 
be  four  inches  less  in  thickness ;  provided,  however,  that 
none  are  less  than  twelve  inches  thick,  except  as  hereinafter 
specified.    Eight  inch  brick  partition  walls  may  be  built  to 
support  the  beams  in  such  buildings  in  which  the  distance 
between  the  bearing  walls  is  not  over  thirty-three  feet,  pro- 
vided that  no  clear  span  is  over  twenty-six  feet ;  but  no  such 
partition  wall  shall  be  built  having  an  eight  inch  thick  por- 
tion measuring  vertically  more  than  fifty  feet.    This  clause 
shall  not  be  construed  to  prevent  the  use  of  iron  or  steel 
girders,  or  iron  or  steel  girders  and  columns,  or  piers  of 
masonry,  for  the  support  of  the  walls  and  ceilings  over  any 
room  which  has  a  clear  span  of  more  than  twenty-six  feet 
between  walls,  in  such  buildings  as  are  not  fireproof,  nor  to 


379 


Appendix. 


prevent  tlie  use  of  iron  or  steel  girders  and  columns  instead 
of  brick  partition  walls,  in  fireproof  buildings,  for  residences, 
constructed  pursuant  to  the  provisions  of  section  fifteen.  If 
the  clear  span  is  to  be  over  twenty-six  feet,  then  the  bearing 
walls  shall  be  increased  four  inches  in  thickness  for  every 
twelve  and  one-half  feet,  or  part  thereof,  that  said  span  is 
over  twenty-six  feet,  or  shall  have  instead  of  the  increased 
thickness  such  piers  or  buttresses  as  in  the  judgment  of  the 
commissioner  of  buildings  may  be  necessary. 
Chap.  292,  Laws  of  1895. 

§  10,  In  all  walls  the  same  amount  of  materials  may  be 
used  in  piers  or  buttresses.  Curtain  walls  may  be  made  four 
inches  less  in  thickness  than  is  specified,  respectively,  for 
walls  of  dwellings  and  buildings  other  than  dwellings,  but 
no  curtain  walls  shall  be  less  than  twelve  inches  thick.  If 
any  horizontal  section  through  any  part  of  any  bearing  wall 
in  any  building  shows  more  than  twenty-five  per  centum  area 
of  flues  and  openings,  the  said  wall  shall  be  increased  four 
inches  in  thickness  for  every  ten  per  centum,  or  fraction 
thereof,  of  flue  or  opening  area  in  excess  of  twenty-five  per 
centum.  Ever}^  pier  built  of  brick  containing  less  than  nine 
superficial  feet  at  the  base,  supporting  any  beams,  girders, 
arch  or  column  on  which  a  wall  rests,  or  lintel  spanning  an 
opening  over  ten  feet,  and  supporting  a  wall,  shall,  at  inter- 
vals of  not  over  thirty-six  inches  apart  in  height,  have  built 
into  it  a  bo^d  stone  not  less  than  four  inches  thick,  or  a  cast- 
iron  plate  of  sufficient  strength  and  the  full  size  of  the  piers. 
All  piers-  shall  be  built  of  stone  or  good,  hard,  well  burnt 
brick,  laid  in  cement  mortir.  For  piers  fronting  on  the 
street  the  bond  stones  may  conform  with  the  kind  of  stone 
used  for  the  trimmings  of  the  front.  Isolated  brick  piers 
shall  not  exceed  in  height  eight  times  their  least  dimensions. 
Cap  stones  of  cut  granite  or  blue  stone,  at  least  twelve  inches 
thick  by  the  full  size  of  the  pier,  shall  be  set  under  all  col- 
umns  and  girders.  Stone  posts  for  the  support  of  posts  or 
columns  above  shall  not  be  used  in  the  interior  of  any  build- 
ing. Where  walls  or  piers  are  built  of  coursed  stones  with 
dressed  level  beds  and  vertical  joints,  the  commissioner  of 
buildings  shall  have  the  right  to  allow  such  walls  or  piers  to 


Appendix 


380 


be  built  of  a  less  thickness  than  specified  for  brickwork,  but 
in  no  case  shall  said  walls  or  piers  be  less  than  three-quarters 
of  the  thickness  provided  for  the  brickwork.  All  bearing 
walls  faced  with  brick  laid  in  running  bond  shall  be  four 
inches  thicker  than  the  walls  are  required  to  be  under  aAy 
section  of  this  title.  In  all  brick  walls  every  sixth  course 
shall  be  a  heading  course,  except  where  walls  are  faced  with 
brick  in  running  bond,  in  which  latter  case  every  sixth  course 
shall  be  bonded  into  the  backing  l)y  cutting  the  course  of  the 
face  brick,  and  putting  in  diagonal  headers  behind  the  same, 
or  by  splitting  the  face  brick  in  half  and  backing  the  same 
with  a  continuous  row  headers.  All  stone  used  for  the  facing 
of  any  building  and  known  as  ashlar,  shall  not  be  less  than 
four  inches  thick.  Stone  ashlar  shall  l)e  anchored  to  the 
backing,  and  the  backing  shall  be  of  such  thickness  as  to 
make  the  Wi:lls  independent  of  the  ashlar,  conform  as  to  the 
thickness  with  the  requirements  of  this  title  relating  to  thick- 
ness of  walls.  Iron  ashlar  plates  used  in  imitation  of  stone 
ashlar  on  the  face  of  the  wall  shall  be  backed  up  with  the 
same  thickness  of  brickwork  as  stone  ashlar.  '  Walls  hereto- 
fore built  for  or  used  as  party  walls,  whose  thickness  at  the 
time  of  their  erection  was  in  accordance  with  the  require- 
ments of  the  then  existing  laws,  but  which  are  not  in  accord- 
ance with  the  requirements  of  this  title,  may  be  used,  if  in 
good  condition,  for  the  oi'dinary  uses  of  party  walls,  provided 
the  height  of  the  same  be  not  increased.  In  case  it  is  de- 
sired to  increase  the  height  of  existing  party  or  independent 
walls,  which  walls  are  less  iu  thickness  than  required  under 
this  title,  the  same  shall  be  done  by  a  lining  of  brickwork  to 
form  a  combined  thickness  witli  the  old  walls  of  not  less  than 
four  inches  more  than  the  thickness  required  for  a  new  wall 
corresponding  with  the  total  height  of  the  wall  when  so  in- 
creased in  height.  The  said  lining  shall  be  supported  on 
proper  foundations  and  carried  up  to  such  heights  as  the 
commissioner  of  buildings  may  require.  No  lining  shall  be 
less  than  eight  inches  in  thickness,  and  all  linings  shall  be 
laid  up  in  cement  mortar  and  thoroughly  anchored  to  the  old 
brick  walls  with  suitable  wrought-iron  anchors  placed  two 
feet  apart  and  properly  fastened  or  driven  into  the  old  walls 


381 


Appendix 


in  rows  alternating  vertically  and  horizontally  with  each 
other,  the  old  walls  being  first  cleaned  of  plaster  or  other 
coatings  where  any  lining  is  to  be  built  against  the  same. 
In  no  case  shall  any  wall  or  walls  of  any  buildings  be  carried 
up  more  than  two  stories  in  advance  of  any  other  wall,  ex- 
cept by  permission  of  the  commissioner  of  buildings.  The 
front,  rear,  side  and  party  walls  shall  be  properly  bonded  to- 
gether or  anchored  to  each  other  every  four  feet  in  their 
height  by  wrought  iron  tie  anchors  not  less  than  one  and 
one-half  inches  by  three  eights  of  an  inch  in  size.  The 
anchors  shall  be  built  into  the  side  or  party-wall  not  less  than 
sixteen  inches,  and  into  the  front  and  rear  walls,  so  as  to 
secure  the  front  and  rear  walls  to  the  side  or  party  walls 
when  not  built  and  bonded  together.  All  piers  shall  be 
anchored  to  beams  on  the  level  of  each  tier.  The  walls  and 
beams  of  every  building,  during  the  erection  or  alteration 
thereof,  shall  be  strongly  braced  from  the  beams  of  every 
story,  and  when  required  shall  also  be  braced  from  the  out- 
side until  the  building  is  inclosed.  The  roof  tier  of  wooden 
beams  shall  be  safely  anchored  with  plank  or  joists  to  the 
beams  of  the  story  below  until  the  building  is  inclosed. 
Chap.  292,  Laws  of  1895. 

§  13.  The  height  of  all  the  walls  shall  be  measured  from 
the  curb  level  at  the  center  of  the  building  to  the  top  of  the 
highest  point  of  the  roof  beams  in  the  case  of  flat  roofs,  and 
for  high  pitched  roofs  the  average  of  the  height  of  the  gable 
shall  be  taken  as  the  highest  point  of  the  wall.  In  case  the 
wall  is  carried  on  iron  girders,  or  iron  girders  and  columns 
or  piers  of  masonry,  the  measurement  as  to  height  may  be 
taken  from  the  top  of  such  girder.  When  the  walls  of  a 
structure  do  not  join  the  street,  then  the  average  level  for 
the  ground  adjoining  the  walls  may  be  taken  instead  of  the 
curb  level  for  the  height  of  such  structure.  The  width  of 
buildings  for  the  purpose  of  this  title  may  be  determined  by 
the  way  the  beams  are  placed.  The  lengthwise  of  the  beams 
may  be  considered  and  taken  to  be  the  widthwise  of  the 
building,  and  the  bearing  walls  are  those  walls  on  which  the 
beams  or  trusses  rest.  Eight  inch  brick  and  six  inch  and 
four  inch  hollow  tile  partition  walls  of  hard  burnt  clay  or 


Appendix 


382 


porous  terra  cotta  may  be  built  not  exceeding  in  their  verti- 
cal portions  a  measurement  of  fifty,  thirty-six  and  twenty 
feet,  respectively,  and  in  their  horizontal  measurement  a 
length  not  exceeding  seventy -five  feet,  unless  strengthened 
by  proper  cross- walls,  piers  or  buttresses.  All  such  walls 
are  to  be  carried  on  proper  foundations  or  on  iron  girders, 
or  iron  girders  and  columns,  or  piers  of  masonry.  One  line 
of  fore  and  aft  partitions  in  the  cellar,  supporting  partitions 
above  in  all  buildings  exceeding  twenty  feet  in  width,  here- 
after erected,  shall  be  constructed  of  brick  not  less  than  eight 
inches  thick ;  or  piers  of  brick  with  openings  arched  over 
below  the  under  side  of  the  first  tier  of  beams ;  or  girders 
of  iron  or  steel  and  iron  or  steel  columns ;  or  piers  of 
masonry  may  be  used  ;  or  if  iron  or  steel  floor  beams  span- 
ning the  distance  between  bearing  walls  are  used  of  adequate 
strength  to  suppoi  t  the  stud  partitions  above,  in  addition  to 
the  floor  load,  to  be  sustained  by  the  said  iron  or  steel  beams, 
then  the  fore  and  aft  brick  partition  of  its  equivalent  may  be 
omitted.  Fore  and  aft  stud  partitions,  and  such  othev  main 
stud  partitions  as  may  be  required  by  the  commissioner  of 
buildings,  which  may  be  placed  in  the  cellar  or  lowest  story 
of  any  building,  shall  have  good,  solid  stone  or  brick  founda- 
tion walls  under  the  same,  which  shall  be  built  up  to  the  top 
of  the  floor  beams  or  sleepers,  and  the  sills  of  said  partitions 
shall  be  of  locust,  or  other  suitable  hard  wood,  but  if  the 
walls  are  built  five  inches  higher  of  brick  than  the  top  of  the 
floor  beams  or  sleepers,  any  wooden  sill  may  be  used  on 
which  the  studs  shall  be  set.  Fore  and  aft  stud  partitions 
that  rest  directly  over  each  other  shall  run  between  the 
wooden  fluor  beams  and  rest  on  the  plate  of  the  partition 
below,  and  shall  have  the  studding  tilled  in  solid  between  the 
uprights  to  the  depth  of  the  floor  beams  with  suitable  incom- 
bustible materials.  All  girders  supporting  the  first  tier  of 
wooden  beams  in  buildings  shall  be  supported  by  brick  piers 
or  iron,  locust  or  other  suitable  hard  wood  posts  of  sufficient 
strength  on  proper  foundations. 
Chap.  292,  Laws  ofl895. 

§  22.  If  a  mansard  or  other  roof  of  like  character  be  placed 
on  any  building,  except  a  wooden  building,  or  a  dwelling- 


383 


Appendix 


house  not  exceeding  thirty-five  feet  in  height,  it  shall  be  con- 
structed of  iron  rafters  and  lathed  with  iron  on  the  inside 
and  plastered,  or  filled  in  with  fireproof  material  not  less 
than  three  inches  thick,  and  covered  with  metal  or  tile.  All 
exterior  cornices,  inclusive  of  those  on  show  windows  and 
gutters  of  all  buildings,  shall  be  of  some  fire-proof  material 
and  be  well  secured  to  the  walls  with  iron  anchors,  independ- 
ent of  any  woodwork.  In  all  cases  the  walls  shall  be  carried 
up  to  the  planking  of  the  roof.  Where  the  cornice  projects 
above  the  roof  the  walls  shall  be  carried  up  to  the  top  of  the 
cornice.  The  party  walls  shall  in  all  cases  extend  up  above 
the  planking  of  the  cornice  and  be  coped.  All  exterior 
wooden  cornices  on  other  than  frame  buildings,  that  may 
now  be  or  that  may  hereafter  become  unsafe  or  rotten,  shall 
be  taken  down,  and  if  replaced  shall  be  constructed  of  some 
fire-proof  material.  Bulkheads  used  as  inclosures  for  tanks 
and  elevators  and  coverings  for  the  machinery  of  elevators, 
and  all  other  bulkheads  hereafter  erected  or  altered,  may  be 
constructed  of  hollow  fire  proof  blocks,  or  cf  wood  covered 
with  not  less  than  two  inches  of  fire-proof  material,  or  filled 
in  the  thickness  of  the  studding  with  such  materials,  covered 
on  all  sides  with  metal,  including  sides  and  edges  of  doors. 
Covers  on  top  of  water  tanks  placed  on  roofs  may  be  of  wood 
covered  with  tin.  Staircase  bulkheads  of  dwelling  houses 
shall  be  covered  with  tin  on  all  sides.  Roof  tanks  and  other 
structures  of  a  like  character  shall  be  supported  on  iron 
beams,  resting  on  bearing  w^alls,  and  not  located  directly  over 
any  hall  or  stairway. 

Chap.  292,  Laws  of  1895. 

§  23.  The  planking  and  sheathing  of  the  roof  of  every 
building  erected  or  built  as  aforesaid  shall  in  no  case  be 
extended  across  the  side,  end  or  party  wall  thereof.  Every 
such  building  and  the  tops  and  sidt  s  of  every  dormer  window 
thereon  shall  be  covered  and  roofed  with  slate,  tin,  copper  or 
iron,  or  such  other  quality  of  fire-proof  roofing  as  the  com- 
missioner of  buildings,  under  his  certificate,  may  authorize, 
and  the  outside  of  the  frames  of  every  dormer  window  here- 
after placed  upon  any  building  as  aforesaid  shall  be  made  of 
some  fire-proof  material.    All  buildings  shall  have  scuttles  or 


Appendix 


384 


bulkheads,  covered  with  some  fire-proof  material,  with  lad- 
ders or  stairs  leading  thereto  and  easily  accessible  to  all  ten- 
ants. No  scuttle  shall  be  less  in  size  than  two  by  three  feet. 
All  skylights  having  a  superficial  area  of  more  than  nine 
square  feet  placed  in  an}'  building  shall  h  ive  the  sashes  and 
frames  thereof  constructed  of  iron  and  glass.  Every  fire- 
proof roof  hereafter  placed  on  any  building  shall  have  besides 
the  usual  scuttle  or  bulkhead  a  skylight  or  skylights  of  a 
superficial  area  equal  to  not  less  than  one-fiftieth  the  super- 
ficial area  of  such  fire-proof  roof.  All  buildings  shall  be  kept 
provided  with  proper  metflllic  leaders  for  conducting  water 
from  the  roofs  in  such  manner  as  shall  protect  the  walls  and 
foundations  of  such  buildings  from  injury.  In  no  case  shall 
the  water  from  said  leaders  be  allowed  to  flow  upon  the  side- 
walk, but  the  same  shall  be  conducted  by  pipe  or  pipes  to 
the  sewer.  If  there  be  no  sewer  in  the  street  upon  which 
such  buildings  front,  then  the  water  from  said  leader  shall 
be  conducted  by  proper  pipe  or  pipes,  below  the  surface  of 
the  sidewalk  to  the  street  gutter. 
Chap.  292,  Laws  of  1895. 

§  24.  No  frame  or  wooden  building  or  structure  shall  here- 
after be  built  except  as  in  this  section  authorized  in  that  por- 
tion of  the  City  of  Brooklyn  within  the  following  boundary 
line :  Beginning  at  a  point  on  the  East  River  formed  by  the 
intersection  of  North  Fourth  street  into  the  boundary  line  of 
the  City  of  Brooklyn  on  the  East  River,  running  thence  along 
the  boundary  line  of  the  City  of  Brooklyn  on  the  East  River, 
Gowanus  Bay,  Gowanus  Canal  and  New  York  Bay  to  a  point 
one  hundred  feet  south  of  Sixtieth  street ;  thence  easterly  on 
a  line  drawn  one  hundred  feet  south  of  and  parallel  to  the 
southerly  side  of  Sixtieth  street  to  Eighth  avenue ;  thence 
northerly  on  a  line  drawn  one  hundred  feet  east  of  and 
parallel  to  the  easterly  side  of  Eighth  avenue  to  Thirty- 
ninth  street ;  thence  easterly  on  a  line  drawn  one  hundred 
feet  south  of  and  parallel  to  the  south  side  of  Thirty-ninth 
street  to  Fort  Hamilton  avenue  ;  thence  northeasterly  on  a 
line  drawn  one  hundred  feet  south  of  and  parallel  to  the 
southerly  side  of  Fort  Hamilton  avenue,  Ocean  parkway  and 
Franklin  avenue  to  Flatbush  avenue,  between  Robinson 


385  Appendix. 

street  and  Clarkson  avenue;  thence  northerly  on  a  line 
drawn  one  hundred  feet  east  of  and  parallel  to  the  easterly 
side  of  Flatbush  avenue  to  its  junction  with  Franklin  avenue  ; 
thence  northerly  on  a  line  drawn  one  hundred  feet  east  of 
and  parallel  to  the  easterly  side  of  Franklin  avenue  to  Crown 
street :  thence  easterly  on  a  line  drawn  one  hundred  feet 
south  of  and  parallel  to  the  southerly  side  of  Crown  street  to 
its  junction  with  Albany  avenue  :  thence  northeasterly  on  a 
line  drawn  one  hundred  feet  east  of  and  parallel  to  the  east- 
erly side  of  Albany  avenue  to  Fulton  street ;  thence  easterly 
on  a  line  drawn  one  hundred  feet  soutn  of  and  parallel  to  the 
southerly  side  of  Fulton  street  to  Stone  avenue :  thence 
northerly  on  a  line  drawn  one  hundred  feet  east  of  and  par- 
allel to  the  easterly  side  of  Stone  avenue  to  Broadway  :  thence 
northwesterly  on  a  line  drawn  through  the  center  of  Broad- 
way to  Flushing  avenue  :  thence  northerly  on  a  line  drawn 
through  the  center  of  Flushing  avenue  to  Bushwick  avenue  : 
thence  easterly  on  a  line  drawn  through  the  center  of  Bush- 
wick avenue  to  Ten  Eyck  street ;  thence  westerly  on  a  line 
drawn  through  the  center  of  Ten  Eyck  street  to  Union  avenue  ; 
thence  northerly  on  a  line  drawn  through  the  cente  r  of  Union 
avenue  to  North  Second  street :  thence  westerly  on  a  line 
drawn  on  the  center  of  North  Second  street  to  a  point  at  the 
intersection  of  North  Second  street,  Roebling  street  and 
North  Fourth  street ;  thence  northwesterly  on  a  line  drawn 
through  the  center  of  North  Fourth  street  to  a  point  or  place 
of  beginning.  Excepting  from  said  limits  that  portion  of 
the  city  lying  between  Prospect  Park  and  Greenwood  Ceme- 
tery and  bounded  on  the  north  by  the  boundary  line  of  the 
Twenty-second  Ward  and  bounded  on  the  south  by  a  line 
drawn  one  hundred  feet  north  of  and  parallel  to  the  north 
side  of  Fort  Hamilton  avenue.  Temporary  one-story  frame 
buildings  may  be  erected  for  the  use  of  builders  within  the 
limits  of  lots  whereon  buildings  are  in  course  of  erection,  or 
on  adjoining  vacant  lots,  upon  permits  issued  by  the  commis- 
missioner  of  buildinjrs,  such  permits  may  be  revoked  at  any 
time,  and  all  such  buildings  must  be  removed  by  the  parties 
erecting  the  same  when  and  as  ordered  by  the  said  commis- 
sioner. Fences  of  wood  shall  not  be  erected  over  ten  feet 
high.    Signs  of  wood  shall  not  be  erected  over  two  feet  high 


Appendix. 


386 


on  any  building.  No  signs  of  wood  constructed  upon  uprights 
or  other  supports  shall  be  at  any  point  more  than  ten  feet 
above  curb  level.  Piazzas  or  balconies  of  wood  which  do  not 
exceed  eight  feet  in  width,  and  which  do  not  extend  more 
than  three  feet  above  the  second-story  floor  beams,  may  be 
erected,  but  ouly  upon  a  permit  from  the  commissioner  of 
buildings.  The  roofs  of  all  piazzas  shall  be  covered  with 
some  fireproof  material.  Sheds  of  wood  not  over  twelve  feet 
high,  open  on  at  least  one  side,  with  the  sides  and  roof 
thereof  covered  with  fireproof  material,  and  frame  structures 
not  exceeding  fifty  square  feet  in  area  and  eight  feet  in 
height  may  be  built,  but  only  upon  a  permit  from  the  com- 
missioner of  buildings.  No  fence  shall  «>e  used  as  the  back 
or  side  of  any  shed.  Any  hay  or  oriel  window  that  does  not 
exceed  more  than  three  feet  above  the  second-story  floor 
beams  of  any  dwelling  house  may  be  built  of  wood.  No 
empty  packing  boxes,  nor  other  wooden  cases  or  barrels  shall 
be  piled  or  placed,  or  be  allowed  to  accumulate  in  or  upon 
any  lot  or  buildiug  within  the  fire  limits  except  upon  a  per- 
mit which  may  be  granted  by  the  commissioner  of  the 
department  of  ]:)uildings  upon  such  conditions  and  under  such 
regulations  as  he  may  deem  proper.  Said  permit  may  be 
revoked  at  any  time.  Nothing  in  this  section  contained  shall 
be  construed  so  as  to  limit  in  any  way  the  authority  now  con- 
ferred by  law  upon  the  common  council  of  the  City  of  Brook- 
lyn to  enlarge  or  extend  the  fire  limits,  so  as  to  include  out- 
13'ing  sections  of  the  city  surrounding  the  area  above  described. 
Chap.  539,  Laws  of  1895. 

§  46.  Every  house,  building  or  portion  thereof,  in  the  City 
of  Brooklyn,  designed  to  be  used,  occupied,  leased  or  rented, 
or  which  is  used,  occupied,  leased  or  rented  for  a  tenement 
or  lodging-house,  shall  have  in  every  room  which  is  occupied 
as  a  sleeping- room,  and  which  does  not  communicate  directly 
with  the  external  air,  a  ventilating  01  transom  window,  hav- 
ing an  opening  or  area  of  three  square  feet,  over  the  door 
leading  into  and  connected  with  the  adjoining  room,  if  such 
adjoining  room  communicates  w,th  the  external  air,  and  also 
a  ventilating  or  transom  window  of  the  same  opening  or 
area,  communicating  with  the  entry  or  hall  of  the  house  ;  or 


387 


Appendix. 


where  this  is,  from  the  relative  situation  of  the  rooms, 
impracticable,  such  last  mentioned  ventilating  or  transom 
window  shall  communicate  with  an  adjoining  room  that  itself 
communicates  with  the  entry  or  hall.  Every  such  house  or 
building  shall  have  in  the  roof,  at  the  top  of  the  hall  an  ade- 
quate and  proper  ventilator,  of  a  form  approved  by  the  com- 
missioner of  the  department  of  buildings. 
Chap.  539,  Laws  of  1895. 

§  55.  It  shall  not  be  lawful  to  erect  for,  or  convert  to, 
the  purposes  of  a  tenement  or  lodging  house,  a  building  on 
any  lot  where  there  is  another  building  on  the  same  lot,  or 
to  erect  any  building  on  any  lot  where  there  is  already  a 
tenement  or  lodging  house,  unless  there  is  a  clear,  open 
space  exclusively  belonging  thereto,  and  extending  upwards 
from  the  ground,  of  at  least  ten  feet  between  said  buildings, 
if  they  are  one  story  high  above  the  level  of  the  ground  ;  if 
they  are  two  stories  high,  the  distance  between  them  shall 
not  be  less  than  fifteen  feet ;  if  they  are  three  stories 
high,  the  distance  between  them  shall  not  be  less  than  twenty 
feet ;  and  if  they  are  more  than  three  stories  high,  the  dis- 
tance between  them  shall  not  be  less  than  twenty-five  ^eet. 
No  one  continuous  building  shall  be  built  for  or  converted  to 
the  purposes  of  a  tenement  or  lodging-house  in  the  City 
of  Bn>oklyn  upon  an  ordinary  city  lot,  and  no  existing  tene- 
ment or  lodging-house  shall  be  enlarged  or  altered,  or  its 
lot  be  diminished  so  that  it  shall  occupy  more  than  seventy 
per  centum  of  the  said  lot  and  in  the  same  proportion  if  the 
lot  be  greater  or  less  in  size  than  twenty-five  by  one  hundred 
feet ;  and  there  shall  be  and  remain  a  clear  open  space  of 
not  less  than  ten  feet  between  the  rear  end  of  said  lot  and 
any  building  thereon ;  but  in  the  case  of  corner  lots,  the 
building  or  buildings  may,  by  special  permit  from  the  com- 
missioner of  buildings,  be  made  to  occupy  not  more  than 
ninety  per  centum  of  the  lot.  No  building  or  premises  occu- 
pied for  a  tenement  house  shall  be  used  for  a  lodging-house,, 
private  school,  stable  or  for  the  storage  or  handling  of  rags, 
unless  with  a  permit  in  writing  from  the  board  of  health ; 
but  nothing  herein  contained  shall  be  construed  to  apply  to 
a  building  or  premises  so  used  for  a  stable  prior  to  June 


Appendix. 


388 


first,  eighteen  hundred  and  ninety- five.  In  case  of  any  vio- 
lation of  the  provisions  of  this  section,  or  of  any  failure  to 
comply  with,  or  any  violation  of  the  terms  and  conditions  of 
the  plan  for  such  tenement  or  lodging-house,  approved  by 
said  department  of  buildings  or  the  conditions  of  the  permit 
granted  by  the  department  of  buildings  for  such  house,  or 
for  the  air,  light  and  ventilation  of  the  same,  any  court  of 
record,  or  any  judge  or  justice  thereof,  shall  have  power,  at 
any  time  after  service  of  notice  of  violation,  or  of  non-compli 
ance,  upon  the-  owner,  builder  or  other  person  superintending 
the  building  or  converting  of  any  such  house,  upon  proof  by 
affidavit  of  any  violation  or  non-compliance  as  aforesaid,  or 
that  a  plan  for  light  and  ventilation  of  such  house  has  not 
been  approved  by  the  department  of  buildings,  to  restrain  by 
injunction  order,  in  an  action  by  the  City  of  Brooklyn,  the 
further  progi-ess  of  any  violation  as  aforesaid.  No  under- 
taking shall  be  required  as  a  condition  of  granting  an  injunc- 
tion or  by  reason  thereof. 

Chap.  539,  Laws  of  1895. 

§  56.  In  every  such  house  hereafter  erected  or  converted 
every  habitable  room,  except  rooms  in  the  attic,  shall  be  in 
every  part  not  less  than  eight  feet  in  height  from  the  floor  to 
the  ceiling ;  and  every  habitable  room  in  the  attic  of  any 
such  building  shall  be  at  least  eight  feet  in  height  from  the 
floor  to  the  ceiling,  throughout  not  less  than  one-half  the 
area  of  such  rooms.  Every  such  room  shall  have  at  least  one 
window  connecting  with  the  external  air,  or  over  the  door  a 
ventilator  of  perfect  construction,  connecting  it  with  a  room 
or  hall  which  has  a  connection  with  the  external  air,  and  so 
arranged  as  to  produce  a  cross  current  of  air.  The  total 
area  of  window  or  windows  in  every  room  communicating 
with  the  external  air  shall  be  at  least  one- tenth  of  the  super- 
ficial area  of  every  such  room  ;  and  the  top  of  one,  at  least, 
of  such  windows  shall  not  be  less  than  seven  feet  six  inches 
above  the  floor ;  and  the  upper  half,  at  least,  shall  be  made 
so  as  to  open  the  full  width.  Every  habitable  room  of  a  less 
area  than  one  hundred  superficial  feet,  if  it  does  not  com- 
municate directly  with  the  external  air,  and  is  without  an 
open  fireplace,  shall  be  provided  with  special  means  of  venti- 


389 


Appendix. 


lation,  by  a  separate  air  shaft  extending  to  the  roof,  or  other- 
^se,  as  the  department  of  buildings  may  prescribe.  But  in 
all  houses  erected  or  converted,  after  June  first,  eighteen 
hundred  and  ninety-five,  which  shall  be  used,  occupied, 
leased  or  rented  for  a  tenement  or  lodging-house,  every  room 
used,  let,  or  occupied  by  any  person  or  persons  for  sleeping 
shall  have  at  least  one  window,  with  a  movable  sash,  having 
an  opening  of  not  less  than  twelve  square  feet,  admitting 
light  and  air  directly  from  the  public  street  or  the  yard  of 
the  said  house,  unless  sufficient  light  and  ventilation  shall  be 
otherwise  provided,  in  a  manner  and  upon  a  plan  approved 
by  the  department  of  buildings. 
Chap.  539,  Laws  of  1895. 

§  57.  Every  such  house  erected  or  converted  after  June 
first,  eighteen  hundred  and  ninety-five,  shall  have  adequate 
chimneys  running  through  every  floor,  with  an  open  fireplace 
or  grate,  or  place  for  a  stove,  properly  connected  with  one  of 
said  chimneys,  for  every  family  and  set  of  apartments.  It 
shall  have  proper  conveniences  and  receptacles  for  ashes  and 
rubbish.  It  shall  have  the  floor  of  the  cellar  properly 
cemented,  so  as  to  be  water-tight.  The  halls  on  each  floor 
shall  open  directly  to  the  external  air,  with  suitable  windows, 
and  shall  have  no  room  or  other  obstruction  at  the  end, 
unless  sufficient  light  or  ventilation  is  otherwise  provided  for 
said  halls,  in  a  manner  approved  by  the  commissioner  of  the 
department  of  buildings.  It  shall  have  Ridge  wood,  or  other 
water  furnished  at  one  or  more  places  in  such  house,  or  in 
the  yard  thereof,  as  the  health  commissioner  may  designate, 
so  that  the  same  may  be  adequate  and  reasonably  conven- 
ient for  the  use  of  the  occupants  thereof. 
Chap.  539,  Laws  of  1895. 

§  61.  The  commissioner  of  buildings,  the  inspectors  of 
buildings  and  the  other  employes  of  said  department  are 
authorized  and  empowered  to  enter  upon  any  lands  or  build- 
ings for  the  purpose  of  making  inspections  and  carrying  out 
the  provisions  of  this  title.  The  commissioner  of  buildings 
shall  examine,  or  cause  to  be  examined,  the  dwelling  houses 
and  other  buildings  in  the  city,  for  the  purpose  of  ascertain- 


Appendix. 


390 


ing  all  violations  of  the  laws  and  ordinances  for  the  more 
eflfectua]  prevention  of  fires,  and  also  to  inspect  the  fire- 
places, hearths,  chimneys,  stoves  and  pipes  thereto,  ovens, 
boilers,  heaters  and  all  chemical  apparatus,  receptacles  and 
places  for  the  deposit  of  ashes,  or  other  things  and  substances 
which,  in  his  opinion,  may  be  dangerous  in  causing  or  pro- 
moting fire  or  dangerous  to  firemen  or  occupants  in  case  of 
fire.  Upon  finding  anything  defective  or  dangerous,  tbe 
owner  or  occupant,  by  a  written  or  printed  notice  shall  be 
directed  to  alter,  remove  or  amend  the  same,  in  such  a  man- 
ner and  within  such  reasonable  time  as  the  commissioner 
may  deem  proper. 

Chap.  292,  Laws  of  1895. 

TITLE  XV.-City  Works. 

Section  48.  The  expense  of  repairing  the  streets  of  said 
city  shall  be  a  general  city  charge ;  and  the  commissioner  of 
city  works  shall  have  exclusive  power  in  relation  to  the 
repairing  of  streets,  but  in  no  one  year  shall  such  expense 
exceed  the  amounts  raised  for  that  purpose  in  the  general 
tax  levy,  and  otherwise  appropriated  by  the  common  council, 
with  the  consent  of  the  mayor,  from  unexpended  balances  of 
the  previous  year. 

Chap.  100,  Laws  of  1895. 

§  50.  The  said  board  of  estimate  shall  each  year  include 
in  their  estimate  of  the  amount  required  to  be  raised  for  city 
purposes  the  amount  necessary  to  meet  during  the  year  any 
existing  contract  for  the  cleaning  of  streets,  and  also  the 
proper  proportionate  amount  of  the  sums  estimated  as 
required  to  be  expended  under  the  provisions  of  section 
forty-six  of  this  title,  and  also  such  an  amount  as  they  may 
deem  necessary  and  proper  for  the  purpose  of  repairing  and 
also  improving  the  condition  of  the  streets  and  avenues  of 
the  city  by  repaving  the  same,  and  the  amount  included  in 
the  annual  tax  levy  of  the  city  for  the  purpose  of  repaving 
shall  be  expended  by  the  commissioner  of  city  works,  with 
the  consent  and  approval  of  the  mayor,  in  repaving  any  street 


391  Appendix, 

or  avenue  of  the  city  or  portion  thereof,  with  granite  blocks 
or  Belgian  or  other  improved  pavement.  The  common  coun- 
cil mav  also  upon  the  petition  of  a  majority  of  the  property 
owners,  or  the  owners  of  a  majority  of  the  property  to  be 
affecttd,  or  by  a  three-fourths  vote  of  the  board  of  aldermen 
^d  the  consent  of  the  mayor  without  such  petition,  repave 
with  asphalt,  granite  or  other  improved  pavement,  any  street 
already  paved  at  the  expense  of  the  property  owners.  One- 
half  of  tbe  cost  of  such  repavement  shall  be  borne  by  the 
city  at  large  and  the  other  half  by  tlie  property  benefited  to 
be  assessed  thereon  in  the  same  manner  as  other  assessments 
for  local  improvements  are  laid,  except  that  it  shall  not  be 
necessary  to  lay  any  such  assessment  until  after  the  comple- 
tion of  the  work.  Pro\ided,  however,  that  in  all  cases  where 
a  surface  railroad  is  laid  and  operated  through  any  such 
street,  one-fourth  of  the  cost  of  such  repavement  shall  be 
assessed  upon  such  railroad,  and  one-fourth  thereof  on  the 
other  property  benefited  within  the  district  of  assessment. 
The  commissioner  of  city  works  may  also  from  time  to  time, 
with  the  written  consent  of  the  mayor,  repave  or  resurface 
any  street  which  has  been  previously  paved  at  the  expense  of 
the  property  owners  with  an  improved  pavement,  and  any 
street  which  forms  a  thoroughfare  between  different  parts  of 
the  city,  of  which  by  reason  of  its  use  ought  in  his  judgment 
to  be  repaved  at  the  expense  of  the  city  at  large.  To  meet 
the  cost  of  that  portion  of  the  repavements  aforesaid,  which 
is  made  a  general  city  charge,  over  and  above  the  amounts 
which  may  be  included  in  the  tax  levies  therefor,  the  mayor 
and  comptroller  shail  from  time  to  time,  upon  the  requisition 
of  the  commissioner  of  city  works,  issue  city  bonds  to  be 
called  local  improvement  bonds,  having  not  more  than  twenty 
years  to  run,  signed,  sealed  and  countersigned  as  are  other 
city  bonds.  The  proceeds  of  such  bonds  shall  be  paid  into 
the  city  treasury  to  the  credit  of  the  local  improvement  fund, 
and  shall  be  expended  for  the  purposes  authorized  by  the 
provisions  of  this  section,  but  no  more  than  two  hundred  and 
fifty  thousand  dollars  in  amount  of  such  bonds  shall  be  issued 
in  any  one  year.  The  board  of  estimate  shall,  in  their  annual 
estimate  of  city  expenses,  provide  for  the  interest  on  said 
bonds  and  for  the  principal  thereof  at  their  maturity.  They 


Appendix. 


392 


may  also  provide  a  sinking  fund  for  the  redemption  of  said 
bonds  as  they  become  due.  The  common  council  may  make 
rules  and  regulations  with  reference  to  the  use  of  streets 
repaved  pursuant  to  the  provisions  of  this  section  and  pre- 
scribe the  times,  circumstances  and  conditions  when  and 
under  which  the  same  may  be  opened  by  companies  or  corpo- 
rations having  franchises  granting  them  the  right  so  to  do. 
Chap.  1008,  Laws  of  1895. 
•    (See  Sec.  2,  Chap.  1008,  Laws  of  1895.) 

East  New  York  avenue  and  other  streets,  improvement  of. 
Chap.  327,  Laws  of  1895. 

Eighth  ward  improvement. 
Chap.  520,  Laws  of  1895. 


TITLE  XVI.— Parks. 

§  2.  The  said  department  of  parks  shall  have  the  exclusive 
government,  management  and  control  of  all  the  parks,  squares 
and  public  places  in  the  city  ;  and  full  and  exclusive  power 
to  govern  and  manage  the  Ocean  Parkway  fr.^m  the  circle  to 
the  southwesterly  angle  of  Prospect  Park  to  the  ocean,  and 
direct  and  regulate  the  public  use  thereof,  as  also  the  circle 
and  concourse  at  either  terminus,  and  also  Eastern  Parkway 
in  the  ninth  and  twenty-fourth  wards  of  said  city,  and  to 
govern,  manage  and  direct  the  same  and  to  regulate  the  pub- 
lic use  thereof,  and  of  such  parts  of  the  several  roads,  streets 
or  avenues  as  run  through  or  intersect  the  same,  and  to  pass 
and  enforce  laws  and  ordinances  for  the  proper  use,  regula- 
tion and  government  thereof,  and  for  all  the  purposes  of  such 
government,  management  and  direction  of  public  use,  such 
parts  of  said  roads  or  avenues  as  pass  through  or  intersect 
said  circles  shall  be  deemed  to  be  a  part  of  Prospect  Park, 
and  it  shall  be  under  like  control  and  management  as  said 
parkway,  and  the  maintenance  of  said  Ocean  parkway  and 
concourse  shall  be  a  charge  upon  the  City  of  Brooklyn .  And 


393 


Appendix. 


the  said  department  of  parks  shall  have,  subject  to  the  limi- 
tation aforesaid,  full  and  exclusive  power  : 

1.  To  lay  out,  regulate,  improve  and  maintain  the  public 
parks  of  said  city,  and  Ov3ean  parkway  and  the  concourse 
aforesaid,  and  also  Eastern  parkway  in  the  ninth  and  twenty- 
fourth  wards  of  said  city,  and  to  govern,  manage  and  direct 
the  same  and  the  public  use  thereof, 

2.  To  make  ordinances,  rules  and  regulations  for  their 
proper  management  and  government. 

3.  To  appoint  such  engineers,  surveyors,  clerks  and  other 
ofl&cers  and  such  police  force  as  they  may  deem  expedient? 
and  to  prescribe  and  define  their  respective  duties  and 
authority  :  and  to  fix  and  regulate  the  compensation  to  be 
paid  to  the  several  persons  so  to  be  employed  by  them. 

4.  To  locate,  erect  and  maintain  fountains  on  the  said 
parks  or  parkways,  or  either  of  them,  as  well  as  upon  the 
streets  and  avenues  which  form  the  boundaries  thereof  or 
intersect  the  same  ;  to  erect  and  maintain  iron  and  other 
fences  around  the  said  parks  :  to  flag  and  reflag  the  side- 
walks of  said  streets,  roads  or  avenues  on  the  side  which  is 
adjacent  to  the  said  parks ;  to  increase  the  width  thereof, 
and  to  set  and  reset  curb  and  gutter  stones,  shade  trees  and 
lamp  posts  thereon. 

5.  To  determine  the  particular  location  of  any  railroad 
track  which  is  now  or  may  be  hereafter  placed  upon  such 
road,  street  or  avenue,  or  upon  any  road,  street  or  avenue 
under  the  control  of  said  department,  provided,  however, 
that  no  such  railroad  track  or  tracks  shall  be  placed  upon 
any  such  road,  street  or  avenue  without  the  consent  thereto 
of  the  commissioner  of  parks. 

6.  To  seize  and  impound  any  cattle,  sheep,  swine,  goats, 
horsfs,  geese  or  other  animals  found  running  at  large  upon 
any  of  the  public  parks  or  parkways  of  the  City  of  Brooklyn  ; 
to  impose  a  penalty,  not  exceeding  five  dollars,  with  reasona- 
ble expenses,  upon  any  animal  so  seized,  and  to  enforce  the 
payment  thereof  in  such  a  manner  as  they  shall  by  ordinance 
direct. 


Appendix. 


394 


7.  To  let  any  buildings  and  the  ground  belonging  to  the 
City  of  Brooklyn  which  may  be  within  the  limits  of  any  pub- 
lic park,  for  a  term  not  to  exceed  one  year,  or  until  the  same 
shall  be  required  for  public  use. 

8.  To  sell  any  buildings,  improvements  or  materials  within 
the  limits  of  the  said  last-mentioned  park  and  belonging  to 
said  city,  which  in  the  judgment  of  said  department  shall  not 
be  required  for  the  purposes  of  said  park  or  for  public  use, 
and  the  proceeds  of  such  sales  shall  be  deposited  with  the 
city  treasurer  to  the  credit  of  the  department,  and  devoted 
to  the  improvement  of  said  Prospect  park. 

9.  They  may  also,  in  the  name  of  the  city,  or  of  the  said 
department,  at  their  option,  bring  any  action  which  they 
may  deem  proper,  to  recover  damages  for  the  breach  of  any 
agreement,  express  or  implied,  relating  to  or  growing  out  of 
the  management  or  improvement  of  the  said  parks,  parkways, 
or  other  places,  territory  or  streets  under  their  control,  for 
penalties  for  the  violation  of  any  ordinances  :  or  for  injuries 
to  personal  property  appertaining  to  the  said  parks,  places, 
territory  or  streets,  a jd  to  recover  the  possession  of  any  such 
property.  The  said  department  shall  have  charge  and  man- 
agement for  the  purposes  of  police  and  improvement  of  the 
land  in  the  town  of  Flatbush,  in  the  County  of  Kings,  taken 
pursuant  to  statute,  for  a  parade  ground  for  the  County  of 
Kings.  And  all  ordinances  or  rules  which  said  department 
shall  at  any  time  adopt  for  the  regulation,  use  and  manage- 
ment of  the  said  parks  shall  immediately  thereafter  be  pub- 
lished for  at  least  ten  days  in  two  daily  newspapers  printed 
in  said  city. 

Chap.  947,  Laws  of  1895. 

Monument  to  General  Slocum. 
Chap.  291,  Laws  of  1895. 

County  Parks. 

Chap.  474,  Laws  of  1895. 

Warren  monument. 

Chap.  542,  Laws  of  1895. 


395 


Appendix. 


TITLE  XVII.— Public  Instruction. 

Section  15.  The  board  of  education  of  the  City  of  Brooklyn 
is  hereby  given  the  full  care  and  management  of  the  public 
school  teachers'  retirement  fund  created  by  this  act.  The 
board  of  education  shall  have  charge  of  and  administer  s^id 
public  school  teachers'  retii-ement  fund  as  it  shall  deem 
most  beneficial  to  said  fund,  and  shall  make  payments  from 
said  fund  of  allowances  granted  in  pursuance  of  this  act  : 
and  shall,  from  time  to  time,  establish  such  rules  and  regu- 
lations for  the  application  and  administration  of  the  said 
fund  as  it  may  deem  best.  The  public  school  teachers'  re- 
tii'ement  fund  herein  provided  shall  consist  of  the  following, 
with  the  income  and  interest  thereof  : 

1.  The  board  of  education  shall  on  and  after  January  one, 
<iighteen  hundred  and  ninety-six,  reserve  monthly,  and  turn 
over  to  said  fund,  one  per  centum  of  the  salaries  paid  each 
month  to  the  teachers  who  shall,  prior  to  that  date,  elect  to 
come  under  the  provisions  o  t  this  act ;  and  the  board  of  edu- 
cati;  n  shall  also  reserve  monthly  and  tui'n  into  said  fund 
one  per  centum  of  the  salaries  paid  each  month  to  all  teachers 
appointed  after  Januaiy  one,  eighteen  hundred  and  ninety- 
six. 

2.  All  moneys  and  property  received  by  donation,  legacy, 
gift,  bequest  or  otherwise  fnr  and  on  account  of  said  fund. 

3.  All  such  other  methods  of  increment  as  may  be  duly 
and  legally  devised  for  the  increase  of  said  fund.  The  board 
of  education  may  retire  from  :  ctive  service  any  male  teacher 
not  under  sixty  years  of  age,  or  any  female  teacher  not  under 
fifty-five  years  of  vge  in  its  employ  who  has  elected  to  come 
under  the  provision-!  of  this  act,  or  who  shall  be  appointed  on 
a  id  after  January  o  le,  eighteen  hundred  and  ninety-six,  and 
who  has  taught  not  less  than  thirty  years,  of  which  twenty 
immediately  preceding  the  proposed  retirement  shall  have 
been  in  the  public  r  chools  of  Brooklyn.  Each  a*  id  every 
teacher  retired  under  the  foregoing  cl  luse  shall  receive  dur- 


Appendix. 


396 


ing  life  an  allowance  annually  equal  to  one-half  of  the  annual 
salary  received  by  said  teacher  at  the  time  of  said  retirement, 
to  be  paid  in  quarterly  installments ;  but  no  teacher  so  re- 
tired shall  receive  more  than  twelve  hundred  dollars  in  any 
one  year  ;  provided,  however,  that  no  teacher  shall  be  retired 
until  he  or  she  shall  have  paid  into  the  retirement  fund  an 
amount  equal  to  twenty  per  centum  of  his  or  h  ir  annual 
salary  at  the  time  of  retirement.  Whenever  the  amount  in 
the  retirement  ;  und  herein  provided  shall  not  be  sufficient  in 
any  year  to  pay  in  full  the  allowances  hereinbefore  specified 
payment  shall  be  made  in  due  proportion  t^  the  amount  in 
the  retirement  fund  applicable  to  that  purpose. 
Ch  pter  656,  Laws  of  1895. 

Erection  of  school  buildings. 

See  Chap.  290,  Laws  of  1895. 


TITLE  XVIII.— Contracts. 

Section  1.  All  contracts  and  agreements  by  which  the 
city  shall  be  held  liable  to  pay  money,  shall  be  under  the 
authority  of  the  common  council,  except  for  salaries  and 
those  made  for  the  management  and  control  of  the  board  of 
education,  the  water  works,  the  maintenance  of  sewers  and 
the  repairing  of  streets,  and  also  except  those  made  for  the 
maintenance  and  management  of  the  parks  and  other  works 
and  matters  under  the  control  of  the  department  of  parks, 
but  the  amount  expended  for  the  above-named  purposes  shall 
not  exceed  the  sums  appropriated  thf»refor  by  the  common 
council,  or  the  amount  j  uthorized  to  l>e  expended  by  issue  of 
bonds  under  heretofore  existing  laws.  All  contracts  other 
than  for  the  above  excepted  purposes  exceeding  in  amount 
the  sum  of  two  hundred  and  fifty  dollars  shall  be  made  in 
the  following  manner :  Whenever  any  work,  materials  or 
improvements,  shall  h  v  )  bee»i  duly  declared  to  be  necessary 
by  said  common  council,  they  shall  authorize  the  department 
of  city  W-.  rks,  and  it  shall  be  the  duty  of  the  department  so 
authorized  to  advertise  in  the  corporation  newspapers,  for  at 


397 


Appendix 


least  ten  dayr>,  inviting  bids  or  proposals  therefore,  under 
seal,  to  be  sent  to  the  department  of  city  ^vorks,  -which  1  ids 
or  proposals  shall  be  publicly  opened  and  announced,  -^-ith 
the  name  of  the  bidder,  the  rate  or  amount  proposed,  and 
the  names  of  the  sureties,  which  sui*eties  shall  be  the  owners 
of  real  estate  in  t  le  City  of  Brooklyn  in  their  own  right  to 
the  amount  of  such  surety,  and  shall  have  held  the  same  for 
at  least  one  year  prior  to  becoming  such  surety  :  and  before 
awarding  any  contract  all  the  bids  or  proposals  received  shall 
L>e  published  for  at  least  six  days  in  the  newspapers  afore- 
said. All  contracts  shall  be  awarded  to  the  lowest  bidd  ar, 
and  be  executed  by  the  mayor  and  the  department  of  city 
works,  and  shall  be  attested  by  the  city  clerk  :  provided,  that 
upon  the  application  of  the  commissioner  of  the  d  apartment 
of  city  works  or  head  of  othi^r  depaitment,  the  board  of 
aldermen  may,  and  are  hej'eby  empowered,  by  a  tv.o-thii-d  vote, 
to  authorize  the  department  of  city  works  to  execute  a  con- 
tract to  others  than  the  lowest  bidders  :  and  no  contracts  shall 
be  made  or  liability  to  pay  be  inciu'red,  the  expense  of  which 
is  provided  by  law  to  be  met  by  local  assessment,  until  the 
jurisdictional  or  other  proceedings  for  and  in  the  assessment 
have  been  examiueil  and  certitied  to  be  correct  and  sufficient 
by  ihe  departmeat  of  city  works  and  attorney  and  counsel  t ) 
the  corporation.  All  contracts  relating  to  the  constructio  i 
and  maintenance  of  the  water  works  exceeding  in  amount 
the  sum  of  two  thousand  dollars,  and  all  contracts  relating 
to  the  maintenance  of  sewers  and  repairing  of  streets  exceed- 
ing in  amount  the  sum  of  t  ne  thousand  dollars  shall  also  be 
made  by  the  commissioner  or  city  works,  after  advertising 
for  proposals  for  ten  days  in  the  corporation  newspapers,  and 
shall  be  awarded  by  him  to  the  lowest  bidder,  provided,  how- 
ever, that  v\nth  the  written  consent  of  the  mayor,  the  said 
commissioner  may  receive  proposals  for  any  of  such  purposes 
without  advertisement  therefor,  and  with  such  consent  may 
award  the  contracts  to  others  than  the  lowest  bidders,  and 
all  contracts  so  awarded  shall  be  executed  by  the  mayor  and 
the  commissioner  of  city  works  and  attested  by  toe  city 
clerk. 

Chapter  329,  Laws  of  1895. 


Appendix. 


398 


TITLE  XIX.-  Local  Improvements. 

Section  1.  The  common  council  may,  upon  the  petition  of 
a  majority  of  the  property  owners,  or  of  the  owners  of  a 
majority  of  the  property  to  be  affected,  or  by  a  three-fourths 
vote  of  the  board  of  aldermen  end  the  consent  of  the  mayor 
without  such  petition,  open,  close,  extend,  widen,  regulate, 
grade,  pave,  regrade  and  repave  roads,  streets,  lanes,  and 
avenues,  or  any  part  thereof  either  with  stone  of  any  charac- 
ter, or  with  asphalt,  brick,  macadam  or  with  an)  other  mater- 
ial, as  they  may  deem  expedient,  and  cause  public  squares 
and  parks  to  be  opened,  rej^ulated,  ornamented  and  perfected 
in  the  manner  hereinafter  provided,  and  generally  have  such 
other  improvements  in  and  about  such  streets,  avenues  and 
squares  as  the  public  wants  and  convenience  shall  require. 
They  may  also  include  as  a  part  of  the  paving  or  repaving  of 
any  road,  street,  lane  or  avenue,  the  improvement  of  the 
sidewalks  thereof,  by  the  laying  of  flagstones  thereon,  or 
such  other  material  as  they  may  deem  expedient.  The  expense 
of  all  such  improvements  shall  be  assessed  and  be  a  lien  on 
the  property  benefited  thereby,  in  proportion  to  the  amount 
of  said  benefit.  In  all  cases  where  the  common  council  shall 
decide  upon  the  grading  and  paving  of  any  street  or  avenue 
they  shall  cause  a  sufficitnt  number  of  culverts  or  drains  to 
be  constructed  under  such  street  or  avenue  as  may  be  neces- 
sary to  carry  off  the  surface  water  of  the  lands  which  shed 
their  water  across  the  line  of  such  street  or  avenue.  The 
said  common  council  shall  have  power,  with  the  consent  of 
the  mayor,  to  lay  out  streets  in  said  city  and  to  place  the 
same  on  i  he  commissioners'  map,  and  to  change  said  map  by 
closing  and  striking  therefrom  or  altering  the  lines  of  any 
street  now  on  or  hereafter  placed  on  said  map. 
Chap.  297,  Laws  of  1895. 

§  16.  After  any  contract  for  a  local  improvement  shall  have 
been  entered  into,  and  a  certified  copy  thereof  shall  have  been 
filed  with  the  comptroller,  in  conformity  with  the  thirteenth 
section  of  this  title,  said  comptroller  is  hereby  authorized  and 


399 


Appendix. 


directed  to  pay  to  the  contractor  or  liis  assigns,  from  time  to 
time,  as  the  work  progresses,  eighty  per  centum  of  the  esti- 
mated value  of  the  work  actually  done  under  said  contract, 
until  the  same  shall  be  completed.  The  estimate  of  the 
value  of  any  such  work  shall  be  signed  by  the  surveyor,  and 
also  by  the  department  having  the  matter  in  charge,  and 
approved  by  the  auditor  ;  and  upon  the  final  completion  of 
any  contract  and  filing  of  the  certificate  of  completion  signed 
by  the  officers  above  named,  the  comptroller  shall,  within 
thirty  days  thereafter,  pay  to  the  contractor  or  his  assigns 
the  balance  of  the  amount  due  under  his  said  contract. 
Provided,  however,  that  the  common  council  may,  upon  the 
recommendation  of  the  commissioner  of  city  works,  authorize 
contracts  for  asphalt  pavements  to  be  made  with  a  guaranty 
upon  the  part  of  the  contractor  for  one  or  more  years  with  a 
provision  for  the  retention  of  a  percentage  to  meet  such 
guaranty ;  in  which  case  the  percentage  retained  shall  be 
paid  within  thirty  days  after  the  expiration  of  the  guaranty. 
Chap.  654,  Laws  of  1895. 

TITLE  XXI.-Justice's  Courts. 

Section  6.  All  civil  actions  brought  before  justices  of  the 
peace  elected  pursuant  to  the  provisions  of  this  act  except 
those  brought  by  non-residents,  and  excepting  those  brought 
in  the  name  of  the  city  for  violations  of  i^he  charter  or 
ordinances,  must  be  brought  in  the  judicial  disdrict  in  which 
either  one  of  the  plaintiffs  or  one  of  the  defendants  resides, 
or  in  an  adjoining  distrist.  All  summary  proceedings  for  the 
recovery  of  the  possession  of  land  must  be  brought 
in  the  judicial  district  in  which  the  land,  or  a  portion 
thereof,  is  situated,  which  is  sought  to  be  recovered,  or  in  an 
adjoining  district.  The  clerks,  and  the  clerks  only,  of 
the  respective  justices'  courts  and  police  courts,  are  hereby 
required  to  collect  and  pay  into  the  city  treasury  all 
fees,  fines,  penalties,  and  all  fees  in  summary  proceedings, 
keep  a  docket  of  all  such  cases,  and  report  the  same 
to  the  comptroller.  Any  justice  of  the  peace  in  said  city 
may  issue  warrants   for   any   alleged   criminal  offense 


Appendix. 


400 


within  said  city ;  but  such  warrants  must  be  returnable 
before  a  justice  of  the  peace,  or  a  police  justice,  in  the 
judicial  district  in  which  the  offenses  are  alleged  to  have 
been  committed,  or  in^an  adjoining  district.  The  foregoing 
provisions  of  this  acction  shall  apply  only  to  the  justices  and 
the  courts  held  by  justices,  elected  or  appointed  pursuant  to 
the  provisions  of  this  act.  The  clerks  of  the  said  courts 
shall  have  the  power  to  adjourn  summary  proceedings  for 
the  recovery  of  the  possession  of  land,  in  the  absence  of  the 
justice,  not  to  exceed  two  days  at  any  one  adjournment,  or 
six  days  in  the  aggregate,  in  any  one  case. 
Chap.  637,  Laws  of  1895. 

TITLE  XXII.— Miscellaneous  Provisions. 

Section  35.  At   any   time   after   the   commissioner.^  of 
appraisal  heretofore  or  hereafter  appointed  in  any  proceeding 
for  the  condemnation  of  land  or  any  interest  in  land,  insti- 
tuted by  or  in  behalf  of  the  City  of  Brooklyn,  pursuant  to 
any  of  the  provisions  of  this  act,  have  taken  their  oaths  of 
office,  the  said  city  may,  at  its  option,  to  be  exercised  by  the 
commissioner  of  city  works,  or  nis  successor,  with  the  consent 
of  the  mayor,  without  any  suit  at  law  or  proceeding  for  that 
purpose,  enter  upon,  use,  occupy  and  enjoy  the  land  or 
interest  in  land  thereby  sought  to  be  acquired,  anything  to 
the  contrary  thereof  in  this  act  contained  notwithstanding  ; 
provided,  however,  that  in  all  cases  of   street  opeidngs, 
whether  for  general  or  sewer  purposes,  before  any  such  entry 
shall  be  made,  the  board  of  assessors  shall,  when  requested 
by  the  said  commissioner,  examine  into  the  matter  and  deter- 
mine whether  the  lands  and  premises  within  the  district  of 
assessment  will  be  benefited  to  the  amount  of  the  probable 
cost  of  the  improvement.    If  they  shall  determine  that  such 
lands  and  premises  will  be  so  benefited,  then  such  entry  may 
be  made  and  such  determination  shall  be  in  lieu  of  any 
further  report  by  them  on  that  subject.    Any  proceeding  in 
which  any  entry  is  made  pursuant  to  the  provisions  of  this 
section  shall  not  thereafter  be  discontinued. 
Chap.  373,  Laws  of  1895. 


401 


Appendix. 


§  36.  This  act  is  hereby  declared  to  be  a  public  act,  and 
all  local  and  special  acts  passed  prior  to  January  first,  eighteen 
hundreci  and  eighty-eight,  relating  to  the  corporation  of 
**  the  City  of  Brooklyn,"  designated  in  section  one  of  title  one 
of  this  act  or  to  the  administration  of  the  property  or  affairs 
of  said  corporation,  except  an  act  entitled  "  An  act  to  provide 
for  the  payment  of  awards  for  land  heretofore  taken  for  local 
improvements  in  the  City  of  Brooklyn,"  passed  April  tenth, 
eighteen  hundred  and  eighty-three,  and  also  an  act  entitled 
"  An  act  to  provide  for  the  aid  and  support  of  the  poor  in 
the  Counties  of  Erie,  Kings  and  New  York,"  passed  April 
thirtieth,  eighteen  hundred  and  seventy-five,  anc'  the  acts 
amendatory  thereof,  and  also  an  act  entitled,  "  An  act  to  pro- 
vide for  the  use  and  to  regulate  the  use  of  the  decks  and 
basin  on  the  Wall  about  Bay  and  other  docks  in  the  City  of 
Brooklyn,  and  to  confer  certain  powers  upon  the  comptroller 
and  commissioner  of  police  of  said  city,"  passed  May  thir- 
teenth, eighteenth  hundred  and  eighty -six,  and  also  an  act 
entitled  "  An  act  to  provide  for  the  annexation  to  the  City  of 
Biooklyn  of  the  town  of  New  Lots,  and  for  the  acquisition 
and  regulation  of  the  water  supply  thereof,"  passed  May 
thirteenth,  eighteen  hundred  and  eighty-six,  are  hereby 
repealed ;  provided,  however,  that  nothing  in  this  section 
contained  shall  abrogate,  annul,  impair,  or  in  any  manner 
affect  the  coi  porate  powers,  rights,  privileges  or  franchises  of 
the  said  "  the  City  of  Brooklyn,"  or  any  lien,  contract,  right, 
title  or  interest,  heretofore  acquired  by  said  corporation  or 
by  any  other  person  ;  and  provided  further  that  no  action, 
suit  or  proceeding  heretofore  instituted  to  enforce  any  right, 
contract,  interest,  privilege,  franchise,  power  or  lien,  or  any 
proceeding  taken  in  the  exercise  of  any  power  heretofore 
vested  in  the  Cit}^  of  Brooklyn  or  any  of  its  officers,  and 
which  may  be  pending  at  the  time  of  the  passage  of  this  act 
shall  abate  or  be  in  any  manner  affected  by  the  provisions  of 
this  section,  but  may  be  continued  until  a  final  determina- 
tion thereof  in  the  same  manner  and  with  the  same  effect  as 
if  this  section  had  not  been  enacted.  And  provided  further 
that  nothing  herein  contained  shall  be  so  construed  as  to 
annul,  abrogate,  impair  or  in  any  manner  affect  any  power, 
right  or  duty  heretofore  vested  in  the  City  of  Brooklyn,  or 


Appendix. 


402 


any  officer,  officers  or  department  thereof,  or  the  board  of 
park  commissioners  in  respect  to  the  enforcement  of  any  tax, 
water  rate  or  assessment  or  installments  thereof  heretofore 
levied  according  to  law.  And  provided  further  that  nothing 
in  this  section  contained  shall  be  so  construed  as  to  modify 
or  in  any  manner  afifect  any  general  statute,  or  any  statute 
relating  to  the  New  York  and  Brooklyn  Bridge,  or  the  codes 
of  civil  or  criminal  procedure  or  the  penal  code,  or  to  dis- 
charge or  in  any  manner  aff  ct  any  penalty  or  liability,  civil 
or  criminal,  incurred  under  any  law  of  this  State  or  under 
any  ordinance  of  said  City  of  Brooklyn  in  force  at  the  time 
of  the  passage  of  this  act.  For  the  purpose  of  determining 
the  eflfect  of  this  act  upon  other  acts  that  are,  or  may  be 
enacted  during  the  present  year  relating  to  the  City  of 
Brooklyn,  or  the  powers  or  duties  of  any  of  its  officers  or 
agents,  and  the  effect  of  such  other  acts  on  this  act,  this  act 
is  to  be  construed  as,  and  deemed  to  have  been  enacted  on 
the  second  day  of  January,  in  the  year  eighteen  hundred  and 
eighty- eight ;  and  for  the  purpose  of  determining  the  effect 
of  this  act  on  the  acta  heretofore  specially  excepted  by  this 
section  from  its  effect  and  the  effect  of  said  excepted  acts  on 
this  act,  this  act  is  to  be  deemed  and  constrned  as  though 
enacted  before  each  of  said  excepted  acts  respectively. 

(Formerly  Sec.  35,  Tit.  XXII.,  Chap.  583,  Laws  1888. 


INDEX. 


w 


INDEX. 


A. 

Title.  Se^.  Page. 

Abandonment  Cases. 

Hnugiijgof...                                               XXI  7  341 

Accounts  of  certain  officers. 

("ify,  classes  of   lY  7  55 

Form  find  metbofl  of  keeping,  comptroller  to 

prescribe   IV  1  53 

Money  iu,  usiuii  of  for  purpose  of  other   IV  7  55 

Of  C'Jleetor  of  taxes  and  assessments,  examiua- 

ticm  of   IV  28  63 

Of  comptroller,  eximinntion  of   IV  28  6i 

Of  departments,  maimer  of  keeping                      IV  2  54 

Of  departments,  snhjec   to  iusp^-ction,  etc.,  of 

finance  department    IV  2  54 

Of  registrar  of  arrears,  examinati"n  of   IV  28  63 

Of  registrar  of  water  mtes,  examination  of   IV  28  63 

Of  revenue  fund,  what  to  exi libit   IV  10  57 

Of  treasurer,  examinaticm  of                                IV  28  63 

Overdrawing  of  when  allowed   VI  2  68 

See  '*  Funds." 

Actions. 

Claims  against  the  oitv  prereqnisite  for  bringing 

of   XXII  30  353 

Inhabitants  of  city  not  incompetent  to  act  in .  .  XXII  2  345 

Restrictions  as  to  bringing  of   XXII  30  353 

Acts. 

Certain,  continued  in  force   XXII  35  356 

Aldermanic  Districts. 

Ci-y  divided  mto   II  2  23 

Aldermen. 

Absent  members  may  be  compelled  to  attend. .  II  7  25 

Board  of,  legislative  power  vested  in   II  1  23 

Called  the  common  council   II  1  23 

Canvass,  board  of,  to  be   Ill  7  47 

Election  of   II  3  23 

Office,  public,  to  hold  no  other   II  4  24 

President  of.  to  aot  as  mayor  in  certain  cases. .  Ill  13  50 

Qualifications  of    II  4  24 

Quorum,  how  constituted   II  7  25 

Resi-rnatioQ  of   II  5  24 

Salary  of   II  3  24 

Special  meetings  calling  of   II  11  21 

Term  of  office  of   II  3  24 

Trustees  of  property,  funds,  etc  ,  of  wards   XXII  21  350 

duties  and  responsibilities  as  to   XXII  21  350 

Vacancies  in  office,  how  created   II  4  24 

See  "  Common  Council  "  and  "  Elections." 


4 


INDEX. 


Title.    Sec.  Page. 

Amusements. 


XI 

25 

117 

regulations  as  to,  by  commissioner  of  police 

and  excise  violation  of  a  misdemeanor. . 

XI 

63 

132 

II 

VI 

28 

Animals. 

Dead,  removal  of,  contracts  for,  making  and 

cancellation  of   XII        7  137 

XII        8  138 

Appropriations. 

Application  of   XVIII  3  294 

Money  not  to  be  drawn  from  treasury  except  in 

pursuance  of     VI  1  67 

Statements  of  to  be  furnished  treasurer   IV  27  63 

Surplus  at  end  of  year,  applic^ition  of   XVIII  3  294 

Treasurer's  books  to  show  state  of   VI  2  68 

Unexpended  balances  in,  comptroller  may  trans- 
fer to  revenue  fund   IV  10  57 

See     Board  of  Estimate." 


Arrears. 

See  "Taxes,  Assessments  and  Water  Kates"  and  '"Department  or 

Arrears  " 

Arrests. 

Bailing  in  cases  of,  revised  statutes  to  apply  to  XI  20  115 
Warrant  of,  execution  of  in  stnto   XI         20  115 


Ashes. 

Ash  holes,  to  be  fire-proof,  ash  houses  to  be 

fire-proof   XIV     GO  2317* 

Kemoval  of   XV       47  261 

See  "  Streets,  cleaning  of." 

Assemblages. 

Unlawful,  police  to  su])press   XT        25  117 


Assessments  of  Taxable  Property. 


X 

9 

100 

Books  of  to  be  kept  open  for  examination  .... 

X 

8 

100 

X 

8 

100 

Correction  of  valuations,  applications  for  

X 

8 

100 

X 

9 

100 

X 

8 

100 

X 

8 

100 

X 

9 

100 

Personal  property,  application  to  correct  as  to. 

X 

8 

100 

Real  estate,  application  to  correct  as  to,  how 

X 

8 

100 

X 

5 

98 

X 

9 

100 

X 

8 

100 

X 

8 

100 

"Local  Improvements,  Taxes,  Assessments  and 

Water  Rates." 

Jjaesson. 

Appointment  of. 


INDEX.  5 
Title.    8e«.  Page. 


Apportionment  of  taxes  and  assessments  by  . . . 

Assessment  apportionment  by  

Assessment  lists,  to  make  out  

Dmiesof  

Errors  in  laying  taxes  and  assessments,  correc- 
tion of  by  

Errors  in  taxes  or  assessments,  certification  of 


Local  improvements : 

assessments,  to  apportion  and  return  to 

common  council  

assessments  for,  to  be  assessed  by  , . 


estimated  benefit  in  not  to  be  computed  as 
value  for  purposes  of  assessment  


Oaths  may  be  administered  in  certain  cases. . . . 
Persoual  property  : 

notices  of  assessment  for,  to  mail  to  persons 


proceedings  as  to  correction  of  assessment 

of  

President  of  : 


Salary  of    

Taxation,  assessed  valuations  for,  to  make  .... 

Taxes,  apportionment  of  by    

Tuxes,  laws  applicable  to  duties  of  in  relation  to 


Ward  maps,  reference  to  be  bad  to  m  laying 

assessments  

Ward  maps,  to  provide  new  in  certain  cases. . . 


TTT 

X 

14 

103 

A. 

1 1 

li, 

A. 

X 

3 

98 

X 

3 

98 

Y 

A. 

in 

A 

X 

6 

99 

XIX 

37 

313 

X 

3 

98 

XIX 

4 

299 

XIX 

38 

313 

Y 
A 

o 
o 

fO 

YTY 
A.1A 

A 
'k 

Y 
A 

n 
1 

Y 
A 

« 

7 

QQ 

X 

10 

102 

X 

1 
1 

Q7 
\)t 

A 

1 

Q7 

Y 

A 

»7  1 

X 

1 

97 

X 

3 

98 

X 

11 

102 

X 

3 

98 

X 

14 

103 

III 

12 

49 

X 

3 

98 

X 

17 

105 

X 

7 

99 

See  "  Department  OF  Assessment,"  "  LocAii  Improvements,"  and 
* '  Taxes,  Assessments  and  Water  Kates.  " 

Assessment  Fund. 

Amount  of  to  beset  apart  for  contracts              XIX  8  300 

Certain  mone.ys  to  be  credited  t«»                         XIX  7  300 

Items  composing                                            IV  13  58 

IV  7  55 

Local  improvements  : 

amount  necessary  to  pay  for  certain,  to  be 

set  aside                                              IV  24  61 

Assistant  Keeper  of  City  Hall. 

Appointment  of                                              II  28  40 


6 


INDEX. 


Title.    Seo.  Paff«. 


AsyloBis. 

ReHl  property  of ,  assfwments  on,  how  pnM          XXII    32  356 

Bead  property  of,  exemption  of  from  taxes  and 

assessments   .    XXII    32  356 

Beal  pn>perty  of,  exemption  of  from  water  rates    XXII    33  355 

Attaohments. 

Vesst^ls,  how  levied  on  board  of   XXII     7  346 

Attorney  and  Counsel 

Ad'hti  'Uftl  couusel,  may  authorize  to  appear  in 

certain  cnses   IX  1  95 

Appointment  of   IX  1  95 

A8s<>s8iuent8,  to  report  void  to  common  council  X  15  104 
Buildings  : 

investigations  relating  to  violations   XIV  42  230 

to  obtxin  snbiKBiifis   XIV  42  230- 

to  conduc!  proceedings  in  re  atitm  to   XIV  41  229 

duties  iu  reliUiou  to   XIV  41  229 

to  pay  over  n»oney  c^illected  in,  de- 
ducting disburbements   XIV  41  229 

Duties  of    IX  1  95 

Fees  received  by,  to  pay  over  to  treasurer   IX  1  95 

Fees  received  bv,  to  lender  acc  >uut  of  to  comp- 
troller *   IX  1  95 

Fines  Hud  penalties,  to  begin  actions  for   IX  3  96 

Fines  Hud  jjeualties,  t**  pay  over  to  treasurer  .  .  IX  1  95 
Fine«  and  penalties,  lo  render  account  to  comp- 
troller  IX  1  95 

Fire  department,  costs  and  penalties  in,  to  sue 

for  and  collect   XIII  22  lfi2 

XIII  19  157 

Judgments  against  city,  to  report    o  common 

council  *   XXII  20  349- 

Ininds  ceded  to  city,  to  einmine  title  of   IX  2  96 

Law  business  of   city  and   dep<trtmeut8,  to 

have  charge  of   IX  1  95 

Local  impntvemeuti*  : 

searches  iu  proceedings  for   XIX  31  311 

to  certify  jnrisd  cfinnal  prfKjeediugs  for.  ..  XVIII  1  294 

to  condnrt  proceedings  iu   IX  1  95 

to  umke  searcbe'  wlien  land  required  for 

public  purposes     IX  1  95 

Salary  of   IX  1  95 

Street  cleaning  : 

coutnicis   and    bonds    for,     to    be  ap- 
proved by  .".  XV  47  262 

Term  of  office    IX  1  95 

Anctioneers. 

police  supervision  over   XI        26  118 

Regulation  and  license  of    II         12  28 

Audit 

Accounts  of  city  officers   . .    IV         28  63 

Board  t.f     IV         28  63 

Items — no  bill  to  be  andued  unless  containing.    V  3  65. 

See  "Depabtment  of  Audit." 


INDEX. 


7 


Title.    Sec.  Pae9« 

Auditor. 

AcooQnts  of  city  officers,  examioation  of  by ...  lY  28  6S 

Bills  against  city  to  be  examioed  by   T  1  65 

Claims,  examination  of  persons  presenting  ....  V  5  85 

io  be  certified  by  before  payment   V  1  ^  65 

Comptroller,  account  of,  examiLed  by   IV  88  '  63 

Department  of  audit,  to  be  bead  of   Y  1  65 

Election  of   V  1  65 

Local  improvements  : 

contracts  for,  estimates  of  work  under,  to 

be  approved  by   XTX  16  303 

Officers  and  departments  may  require  informa- 
tion from      V  4  65 

Office  of,  office  of  record   XXH  3  345 

Oatbf),  may  administer     V  5  66 

Police  justice,  appointment  of  by   XXI  11  342 

vacancy  in  office  of,  filling  of    XXI  12  343 

Beport  to  common  council     V  6  65 

Salary  of   V  1  65 

Sinking  fund,  to  be  commissioner  of    IV  16  59 

Streets   dangerous,  to    examine  charges  for 

repair  of   XVIII    2  294 

Term  of  office  of   V  1  6-5 

Vacancy  in  office  of.  how  filled   Ill  3  44 

Vouchers  for  expenditure  of  money,  to  examine 

and  allow   V  2  65 

Avenues. 

See  "Stbeetb." 


BaU.  ^' 

Persons  r.rrested  may  be  taken  before  magis- 
trate on  Sunday  for   XI       30  120 

R.  S.  to  apply  as  to,  in  certain  cases  of  arrest..    XI       20  115 

Banks- 
Deposit  of  city  money  iu   VI         1  6T 

Basins. 

Police  to  have  power  to  make  arrests  in,  courts 

to  have  jurisdiction  over  arrests  made  in . .    XI       24       1 17 

Bastardy  Cases. 

How  brought   XXI       7  341 

Bathing. 

Common  council  to  regulate   II        12  28 

Baths. 

Public,  common  council  to  establish  and  main- 
tain  n        12  38 


Title.  Sec.  Pa«©. 

Beggara. 

Polite  to  arrest...   XI  25  117 

Benzene. 

Storage  and  sale  of,  regulations  as  to.  * . ,   XIII  18  156 

Billiard  Saloo&s, 

Regulation  nnd  license  of   II  12  28 

Bills. 

Not  to  be  audited  unless  made  out  in  items  and 

certifi:d   V  '3  -  65 

Birtks. 

Registration  of,  commissioner  of  health  to  act  ' 

in  matters  pertaining  to.    XII  2  -  135 

Board  of  Aldermen. 

See  "Common  Council." 

Board  of  Education. 

Annual  return,  to  be  made  to  common  council  XVII  13  290 

Associate  superintendents: 

election  of  by   XVII  2  285 

duties  of   XVII  2  285 

removal  of   XVII  2  286 

salaries  and  terms  of  office  of   XVII  2  286 

vacancies  in  office  of,  filling  of   XVII  2  286 

Contracts  of —  excepted  from  control  of  com- 
mon council    XVIII  1  293 

Expenditures  of,  limited   XVIII  1  293 

Funds  of,  established   XVII  10  288 

duties  of  in  regard  to   XVII  10  288 

Industrial  schools  : 

school  moneys,  to  participate  in   XVII  12  289 

supervision  of   XVII  12  289 

Library  moneys,  application  of  by   XVII  11  289 

Members  of : 

appointment  of,   Ill  12  49 

XVII  1  285 

expulsion  of   XVII  5  287 

resignation  of   XVII  5  287 

terms  of   Ill  12  49 

XVII  1  285 

Officers  of,  dnties  of  to  be  defined  by   XVII  5  287 

Orphan  asylnm  schools: 

school  moneys,  to  participate  in   XVTI  12  289 

supervision  of   XVII  12  289 

President  of : 

duties  of    XVII  5  287 

Returns  to  be  made  to  common  council  by ...  .  XVII  13  290 
Schools  : 

charge  of  by   XVII  5  287 

dnties  and  powers  of  as  to   XVII  5  287 

rules  and  regulations  for,  to  prescribe. .  . .  XVII  5  287 

colored,  to  be  established  by   XVIT  7  287 

evening,  to  1  e  established  by   XVII  7  287 


r 


INDEX.  ^ 

Title.  Sec.  Page. 

School  honses  : 

boildings,  6lpenditnre  for  to  be  approved 

by  common  council   XVII  8.  288 

land  for,  proceedings  to  acquire   XVII  14  290 

sites  for,  expenditures  for  to  be  approved 

by  common  council   XVII  8  288 

^      School  property  . 

sale  of  by,  proceeds  of,  how  deposited, ...  XVII  .  9  288 

title  of,  to  vest  in   XVII  9  288 

'    Secretary  of  :  . 

,.           appointment  and  removal  of   XVlI  3  286 

salary  of   XVII  3  286 

security  to  be  given  by   XVII  3  286 

vacancy  in  office  of   XVII  3  286 

.       Superintendent  of  public  instruction  : 

appointment  and  removal  of   XVII  2  285 

duties  of   XVII  2  285 

term  of  office  of   XVII  2  285 

vacancy  in  office  of   XVII  2  285 

Treasurer  of : 

city  treasurer,  to  bo   XVII  4  286 

duties  of  as  to  school  mouevs   XVII  4  286 

official  bor.d  of   XVII  4  286 

report,  to  be  made  monthly  by   XVII  4  286 

Trustees,  to  possess  powers  of   XVII  5  287 

XVII  14  291 

See  "Schools." 

Board  of  Estimate. 

Annual  estimate  of  amounts  r.  quired  for  gov- 
ernmental purposes   JI         18  33 

Annual  estimate,  i  resentation  of  to  common 

council   II        18  34 

AssHssnient  f  nnd,  to  provide   II         18  34 

Benevolent  fuud,  fire   department,    to  place 

amount  for  in  estimate   II         29  40 

Charitable  iustitutions,  to  iuclude  appropria- 
tions for  in  estimate  '.   II         20  35 

Commissioners  of  sinking  fund,  to  certify 
amount  necessary  to  meet  interest  and  princi- 
pal on  bonds  to   IV       18  60 

Duties  (  f   II        18  33 

Excise  moneys,  portion  of  to  be  applied  to  po- 
lice pension  fund     XI        41  122 

Fire  department,  imiformed  members  of,  to  fix 
salaries  of  ;   XIII       6  147 

Health  commissioner,  to  fix  salary  of   XII        1  135 

Hospital,  contagions  disease,  amount  for,  to  be 

put  in  report  by   XII      12  143-4 

Limitation  of  amount  of  to  be  raised  by   II        18  33 

Local  improvements,  to  include  amount  for  in 

estimate   II         18  34 

Lots,  digging,  filling,  etc.,  to  include  amount 

for  in  estimate.   II        18  34 

Members  of   II        18  33 

Night  medical  service,  amount  for  support  of  to 

be  provided  by   XII      11  142 


10 


INDEX. 


Title.  Seo.  Paffe> 

Park  department,  duties  of  regardinc;  annual 

estimate  of   XVI  18  277 

PlaZH  of  Prosp^t  park^  duty  of  board  as  to  as* 

sessmeiit  for  improvements  of   XVI  21  281 

Police  Mi<i  excise,  department  of,  amount  to 

meet  certificates  for,  to  be  inserted  in  bud.;et  XI  i  108 
Sewers,  }tnxibHty,vb<«ad8<for  to  be  included  in 

estimate  by   XVI  31  251 

Sidewalks,  flagging,  etc^  to  include  amount  for 

in  CHtiniate   II  18  34 

Sidewalks,  crosswalks,  etc.,  to  include  amount 

for  in  estimate   II  12  90 

Statements  to  be  sent  t »,  b>  city  ofiicers   II  18  33 

Streets,  cleaning  of,  to  estimate  amounts  re- 

qnireil  for   XV  47  261 

Siipervisor-at-large,  a  member  of   II  18  33 

Boilers. 

steam,  in«- peel  ion  of. 

See  "Depabtmknt  of  Police  and  Excise." 

Bonds,  City. 

Bids  for: 

a<lvertisement  of    IV  3  54 

bidder,  to  be  sold  to  highest   IV  3  54 

opening  of       IV  3  54 

rejeciiim  of       ....        .      IV  3  54 

Cancellation  of  by  sinking  fund  commissioners  IV  18  60 

Delivery  of,  restrictions  as  to   IV  4  54 

Form  of,  comptroller  to  p^e^clihe                       IV  4  54 

with  j>ptiou.  ofiicers  to  prtscnbe   IV  5  55 

Interest  on.  liow  fixed   IV  4  54 

Lowd  improvement: 

amounts  c»»llected  on,  how  applied  on   X  6  99 

amounts  collected  for  iu  C.  114  L.  1883,  to 

be  Hpplied  to  discharge  of   VIII  3  79 

Over  drafts,  to  be  issued  to  meet  in  certain 

cases    VI  2  68 

Payment  of: 

coiuiuon  council  to  provide  for   IV  25  62 

fjiitli  and  property  of  city  pledged  to   IV  14  58 

option  of.  before  due                                  IV  5  55 

Prerainms  on  sale  of,  how  applied   IV  25  62 

Sale  of,  restrictions  as  to   IV  3  54 

Sewers,  auxiliary,  for  constnicticm  of   XV  30  251 

purposes,  issue  of  f<»r,  authorized   XV  30  251 

Signing  of...   IV  4  54 

restrictions  as  to                                        Ill  11  49 

III  23  61 

Sinking  fund  in,  how  endorsed   IV  16  59 

Surplus  on.  proceeds;  of,  how  applied.    IV  25  62 

Taxation,  exemption  of  from   IV  4  54 

Taxes,  issued  in  anticipation  of,  interest  on   IV  4  54 

Transfer: 

books  of  to  be  kept   IV  6  55 

provisions  as  to   IV  6  55 

rules  as  to,  to  be  prescribed  hy  comptroller  IV  6  55 

Water,  net  surplus  on,  appropriation  of   IV  15  58 

redemption  of,  how  provided  for   XV  7  238 


INDEX. 


11 


Title.  Sec.  Page. 

Bonds,  Official. 

DischMiyeof   XXII  25  351 

ProTisioDB  as  to   Ill  4  45 

Boundaries. 

City   I  1  6 

Ward   I      2-29  5-^2 

Bowling  Alleys. 

Begnlatious  and  license  of   II  12  29 

Bridge  . 

Building  of  by  common  conncil,  loans  for  ... .  II  23  39 

Dangerous,  repnir  of   XVII  2  294 

Boildiners. 

Additions  to,  to  be  firpproof   XTV  25  201 

Alcoves,  recesses  in,  walls  for    XIV  13  177 

Amusements,  public  pbices  of,  license  for  may 
be  revoked  where  order  of  commissioner  not 

complied  with      XIV  29  205 

public  places  of,  subject  to  diiection  of 
commissioner  of,  as  to  certain  anauge- 

meuts   XIV  29  205 

Anchors  for  wooden  beams   XIV  17  191 

Apartment  houses,  floors  of,  strength  of   XIV  14  180 

wjills  of   XIV  7  169 

Arches,  for  foundation  i  iers   XIV  5  168 

over  doors  and  windows   XIV  12  178 

trimmer  to  sujtport  h«  arths   XiV  17  190 

Areas,  protection  of   XIV  6  169 

Armories,  walls  of   XIV  9  173 

Ash  holes    XIV  60  23U 

to  be  fireproof   XIV  60  23 

Ashler  stone,  use  of   XIV  10  174 

Asylums,  must  be  fireproof   XIV  15  183 

Balconies,  m  fire  hmiis   XIV  24  200 

Basements,  entrance  to    XIV  28  204 

Beams,  anchor  strips  for,  temporary  bracing  of  XIV  17  190 

bracing  of   XIV  10  176 

girders,  supports  for   XIV  13  179 

header,  wooden,  thickness  of   XIV  17  190 

lender,  wooden  stirrup  irons  for    XIV  17  190 

pipes,  when  let  into   XIV  19  194 

safety  of,  factois  of   XIV  14  180 

steel  or  iron,  strength  of,  test  of,  rejection 

of,  weight  t(  be  sustained  by,  limited  ...  XIV  16  189 
strength  of,  computati'-n  of  .*   XIV  J4  ISO- 
top  to  be  butted  and  strapped  to  girders. ,  XIV  17  19a 

trimmers,  wooden  stiri up    XIV  17  190 

tiimmers,  wooden,  thickness  of   XIV  17  190 

wooden,  regulations  HS  to  bearings  for  ...  XIV  17  190 

wooden,  anchors  for    XIV  17  190 

Brick  : 

to  be  wet  before  being  laid   XIV  11  17ft 

quality  of,  to  be  used   XIV  11  177 


12  INDEX. 

TiUe.  Bee.  Faff«. 

Brickwork  : 

one  story  walls  of   XIV  9  173 

safe  bearing  load  of   XIV  1*  181 

Capacity,  safe  bearing  of   XIV  14  180 

Car-houses,  walls  of    XIV  9  173 

Ceilings,  height  of   XIV  11  176 

Cellar,  definition  of   XIV  68  23rjr 

occap^ttion  of  as  sleeping  rooms,  permit  re- 
quired  XIV  50  23M 

partitions,  materials  of,  con-.tmc' ion  of .. .  XIV  13  179 

provisions  as  to  when  occupied  as  dwellings  XIV  49  2316 
regulation  as  to  may  be  made  by  health 

commissioner   XIV  59  23\h 

regulations  as  to  occupancy  of  f  ir  dwelling  XIV  49  2316 

Certificates  of  approval,  revocation  of   XIV  1  165 

Chargf-8  against  employees,  investigations  of  by 

commissioner  of   XIV  42  230 

Chimneys,  construction  of,  rules  as  to   XIV  IS  192 

cupola  of  factories   XIV  18  192 

dangerous   XIV  18  192 

to  frame  buildings  outside  of  fire  limits  XIV  26  202 
Churches,  suhject  to  direction  of  commissioner 

of,  as  to  certain  arrangements   XIV  29  205 

Columns  of,  strength  of   XIV  14  180 

safety  of,  strength  of,  computation  of   XIV  14  180 

Combustib'es  : 

dwellings,  storage  of  in  prohibited   XIV  44  231 

inspection  of  buildings,  etc.,  containing, 

peuMlty   XIV  43  231 

Commercial     purp  »ses    used  for,    floor  of, 

strength  of   XIV  14  180 

Commissioner  of,  head  of  departmtnt,  powers 

of,  qualifications  for   XIV  1  165 

Concrete,  foundations  'f   XIV  11  178 

Construction  of.  plan  of,  to  be  approved  b  com- 
missioner of,  certificate  as  to  d  viation  from 

necessary,  permit  for   XIV  32  217 

Cornices  to  be  fiieproof,  secured  with  anchors.  XIV  22  199 

unsafe,  removal  of    XIV  22  199 

Corporation  couLsel  to  conduct  all  suits  relating 

to    XIV  41  229 

powers  and  duties  relating  to   XlV  41  229 

Damages  to  frame  by  fire,  how  ascertained   XIV  27  202 

Department  of,  clerks  and  suboidmates  in  de- 
partment of    XIV  1  165 

Depots,  lailroad,  subject  to  direction  of  com- 
missioner of,  as  to  certain  arrangements. . . .  XIV  29  205 

Destruction  of ,  t  )  prevent  spread  of  tire   XIII  12  150 

compeusatioQ  for,  how  recovered   XIII  13  150 

Docks,  frame  buildings  on,  height  of   XIV  26  202 

constructicm  of   XlV  26  202 

Doors,  arches  for   XIV  12  178 

inside,  fire  proof,  to  be  closed  at  night    ..  XIV  20  196 

iron,  in  certain  caxes   XIV  20  196 

openings  for  '   XlV  12  178 

size  of   XIV  12  178 

stone  lintels  for   XIV  12  178 

size  of   XIV  12  178 

woodtfn,  construction  of  in  certain  cases. .  XlV  20  196 


INDEX. 


13 


Title.  Sec.  Page. 

Dumb  waiters,  when  shafts  to  be  enclosed   XIV  21  198 

Dwellmg  houses,  basemeut  in  certain   XIV  28  204 

cellars,  ceilings  in   XIV  11  176 

combustibles  in   XIV  28  203 

entrance  to   XIV  28  204 

examination  of  by  fire  commissioner   XIV  18  163 

floor  of ,  strength  of   XiV  14  180 

occupancv  of  certain  rooms  in,  must  be  by 

permit.'    XIV  50  ^Sld 

walls  of   XIV  7  169 

Earth,  safe  bearing  power  of   XIV  14  180 

Egress  from  public,  means  of  to  be  arranged  by 

commissioner   XIV  29  205 

Elevators,  authority  over   XIV  21  197 

enclosures,  construction  of   XIV  21  197 

flat,  notice  to  be  posted  in   XIV  21  197 

guards  or  gates  to  be  ke  t  closed   XIV  21  197 

hotels,  to  be  properly  enclosed   XIV  21  197 

incompetent  persons  not  to  run   XIV  21  197 

iron,  facings  to  be  of   XIV  21  197 

passenger,  qualifications  of  persons  oper- 
ating, commissioner  of  to  prescribe   XIV"  21  198 

protection  of  skylights  over   XIV  21  197 

recesses  in  wails  of   XIV  11  176 

regulations  for,  commissioner  to  make  . .  .  XIV  21  197 
repairs  of,  certificate  to  be  obtained  from 

commissioner  of  .    XIV  21  197 

roofs  over  to  be  fireproof   XIV  21  197 

stair  wells,  when  may  be  constructed    XIV  21  197 

Enforcement  of  law  as  to,  proceedings  for,  to 

be  brougbt  by  department  of   XIV  35  220 

Entrance  into  by  officers  of  department   XIV  41  230 

Excavations   XIV  4  165 

Experts,  appointment  of,  qualifications  of .  .  .  .  XIV  1  165 

Factories  : 

estimate  of  strength  of  building   XIV  14  180 

floors  of,  esticiuate  of  strength  of,  commis- 
sioner of  may  revise   XIV  14  180 

floors  of,  estimate  of  strength  of,  to  be 

posted  before  using   XIV"  14  180 

frame  buildings,  not  to  be  altered  to  be 

used  as    XIV  25  201 

walls  for....,    XIV  8  171 

Falling,  recovery  of   bodies   from  ruins  of, 

means  for  provided   XIV  31  217 

danger  of,  may  be  made  temporarily'  safe 

by  a  commissioner   XIV  31  217 

fire  commissioner  ,  examination  of  by,  pen- 
alty for  disobeying  directions  of                XIII  18  163 

Fire,  damage  to  frame  by,  how  ascertained  . .  .  XIV  27  202 
Fire  escapes  : 

bulkhead  in  roof,  construction  of,  entrance 

of   XIV  28  203 

incumbrances  on,  police  to  report'   XIV  28  203 

incumbrances  on,  firemen  to  report   XIV  28  203 

incumbrances,  placing  of  on,  prohibited..    XIV  28  203 

notice  to  be  placed  on  balconies                   XIV  28  203 


14  INDEX. 


Title.  Seo.  Page. 

notice  to  construct,  vacntiou  of  pre't  ises, 
on  Don-ompliiince  with,  luny  be  ordered 

by  comnaissiouer  of                                  XLV  2S  203 

sc  ittle  lad  lei-s  leadiug  to  roof    XIV  2S  203 

repnirof    XIV  2S  203 

unsafe,  jinthority  of  coiuiiiissioiier  of  ovpr.    XIV  28  203 

Fire  limits,  balconies,  \voo(ien  in,  permits  for. .    X[V  24  200 

coal  houses  in                                              XIV  24  200 

frame  structure  in,  permit  for                        XIV  24  2'i0 

sheds  ill,  wo  .den                                         XIV  24  2iiO 

sif^ns,  wooden,  in                                         XI V  24  2U0 

temporary  frame  buildiuf^s,  pennits  issued 

for  by  coujmissioner  of                             XIV  24  200 

windows,  bay,  iu                                        XIV  24  2(»0 

one)  lu  '. . . .                                          XIV  24  200 

woorleu  buildiu»<s,  erection  of  iu,  prohibited    XIV  24  2(iO 

wood  houses  iu                                            XIV  24  200 

Fire  places,  aiclies  lo  support  hearihs                   XIV  18  192 

fire  proof,  materials  to  be  u-ed  in  con- 

structiouof   XIV  18  192 

Fire  proof,  couimixsiouer  of,  to  a])p rove  of  esti- 
mate of  strength  of  girders   XIV  15  183 

what  must  be   .XIV  15  183 

rules  as  to  •   XIV  15  183 

Flats,  walls  of   XIV       7  169 

Floors,  beams  for  wooden,  beams  on  end  to  be 

bevell.-d   XIV  14  180 

estimate  of  strength  of,  comtaissioner  of, 

may  revise   XTV  14  183 

estimate  of  strength  of,  to  be  filed   XlV  14  183 

estimate  of  strength  of,  to  be  posted  before 

useofbaildmg   XIV  14  183 

loads  on,  commissioner  of  inaj  cause  to  be 

distributed   XIV  14  183 

loads  on,  excessive   XIV  14  183 

strength  of,  examination  of,  expense  of, 
how  paid,  expenses  of  to  be  collected 

from  owner   XtV  14  183 

weight  on  to  be  distributed   XlV  14  183 

wooden,  thickness  of    XIV  17  190 

Flues,  beams,  wooden,  distance  of  from   XlV  17  191 

cleaning  of   XIV  18  192 

hot  air,  construction   XIV  18  192 

smoke,  construction  of   XIV  18  192 

smoke  pipe  passing  out  through,  prohibited  XIV  18  192 

smoke,  woodwork  near  prohibited    XlV  18  192 

Footings,  below  water  level   XIV  5  167 

Foundations   XtV  5  168 

arches,  dimensions  of   XIV  5  107 

concrete  for,  composition  of   XIV  5  167 

dimensions  of   XIV  5  168 

footings  below  water  level   XIV  5  168 

piers,  arches  for   XIV  5  168- 

piUng  for   XtV  5  167 

timber  for  capping   XIV  5  167 

walls,  defined   XIV  5  168 

walls,  headers   XIV  5  169 

walls,  materials  of   XIV  5  168 


INDEi.  15 

Title.  8eo.  Page. 

Foundries: 

cbimnevs  in  cuDola  of   XIV  18  194 

walls  of  :   XIV  9  173 

Frame : 

aUeration  of  outside  ot  fire  limits   XIV  25  201 

damaye,  rebuild  i.g  of,  r<-pair  of   XIV  27  202 

daniiige  to  by  fire,  li<»w  asc^-rtaiued   XIV  27  202 

inside  tiie  limits,  construction  of,  rules  for 

to  be  made  by  commisiont-r  of   XIV  26  202 

on  docks,  beijibt  of   XIV  26  202 

on  docks,  construction  of,  rules  for  to  be 

made  by  coTuuiissiouer  of   XIV  26  202 

outside  of  fire  limits,  l.eij,dit  of   XIV  26  202 

walls  of   XIV  26  202 

Furnaces: 

hot  air,  couslrnctiou  of   XIV  19  19t 

hot  air,  covers  for   XIV  19  194 

hot  air.  distance  from  ^voodwo^k   XIV  IW  194 

hot  air,  registers  over,  construe  ion  of .  .  . .  XiV  19  194 

hot  air,  walls  of,  how  built  

Gas,  brackets,  distance  of  from  woo(ivvork,  XIV  19  194 

Girders,  anchors  for    XIV  }7  191 

rejectevi,  not  to  be  used   XIV  16  189 

safety  of,  factors  of   XIV  14  181 

span  and  top  of   XIV  8  172 

steel  or  iron  -   XIV  7  171 

steel  or  iron,  strength  of,  test  of   XIV  16  189 

strength  of,  computation  of   XiV  14  181 

supporting  fitst  pier,  wooden  beams,  sup- 
port for   XIV  13  180 

weight  to  be  sustained  by   XIV  16  189 

Grain  elevators: 

exenipted  from  certain  provisions   XIV  26  202 

need  not  be  fire  proof   XIV  15  184 

Gutters  on,  to  be  fire  proof   XIV  22  199 

to  be  secured  with  anchors   XIV  22  199 

Heating  apparatus,  notice  of  putting  in,  to  be 

given   XIV  19  196 

Heaters,  trimmer  arches  to  support   XIV  17  190 

Hoist  ways,  authority  over,  commissicmer  of  to 

have  exclusive   XIV  21  197 

guards  and  gates  of  to  be  kept  closed   XIV  21  197 

protection  of,  skyliglit  over  ••  XIV  21  197 

Hospitals,  must  be  fire  proof   XIV  15  183 

Hot  air  pipes,  construction  of   XiV  18  193 

Hotels,  arrangements,  certain  in,  subject  to  di- 
rection of  commissioner    . .    XIV  29  205 

egress  from,  means  of  to  be  ascertained  by 

commissioner    XIV  29  205 

elevators  to  be  enclosed    XIV  21  197 

fire  proof,  must  be   XIV  15  183 

floors  of,  strength  of   XIV  14  180 

heating  and  lighting  apparatus  in,  arrange- 
ment of  subject  to  direction  of  commis- 
sioner   XIV  29  205 

passageways  in,  to  be  kept  free  from  ob- 
structions   XIV  29  205 

Injunction  to  prevent  violation  of  law   XIV  35  221 


16 


INDEX. 


Title.    Seo.  Pago. 


Inspectors  of,  Hppointineut  of,  qualificatious  of  XIV  1  165 

directions  of  to  be  obeyed    XIV  (>1  231/t 

penalty  for  negle.-t   X£V  61  231/i 

power  of  to  punish  jind  remove   XIV  40  229 

qualificfttions,  punishment  of   XIV  40  229 

removal  of   XIV  40  229 

Institutions,  certain,  to  be  fire  proof    XtV  15  183 

Investigations  of  violations  by  commissioner  of, 

power  of  as  to  !   XIV  42  230 

Iron  work,  materials  and  workmanship  of   XIV  16  189 

Lodging  houses  : 

access  to  by  health  oflBcers    XIV^  53  23le 

animals,  keeping  of  prohibited   XIV  51  231rf 

ashes,  receptacles  for     XIV  57  231,^ 

chnuucYs  in    XIV  57  23l'<7 

cellar  floors  in,  to  be  cemented   XIV  57  2iilff 

cleaning  of   XIV  52  231rf 

CO  ibnstibles,  etc..  storage  of,  prohibited.  XIV  51  231d 

con tageous  diseases  in,  notice  given   XIV  53  231^? 

definition  of  contageons  diseases   XIV  58  231^ 

XIV  53  231e 

garbage,  receptacles  for   XIV  51  23 id 

halls  of,  windows  in   XIV  57  231^' 

occn  ation  of  prohibited  unless  law  com- 
plied with    XIV  45  231a 

owners  names  to  be  posted   XIV  52  231d 

owners,  service  of  papers  upon   XIV  52  231d 

rooms  in,  height  of   XIV  56  231/ 

rooms  in,  windows  in   XIV  56  231/ 

rooms  in,  ventilation  of    XIV  56  231/ 

roofs  of   XIV  47  231a 

sanitary  arrangements  of   XIV  48  23 1« 

sewer  connections  iu   XIV  48  231a 

space  between  buildings  on  same  lot   XIV  55  231/ 

space  in  rear  of   XIV  55  231/ 

stairs  in   XIV  47  231a 

water  closets  in   XIV  48  231a 

water  supply  in   XIV  57  2315- 

ventilation  of,  regulation   of    by  health 

commissioner   XIV  57  231^ 

in,  provisions  as  to   XIV  46  231a 

permit  required  for  use  of  certain  rooms  XIV  50  231d 

Machine  shops,  walls  of   XIV  9  173 

Manufacturing  purposes  used  for   XIV  20  196 

floors  of,  strength  of   XIV  4  180 

Markets,  public,  walls  of   XIV  9  173 

Mortar,  cement  and  lime,  composition  of,  sand 

for  use  in   XIV  11  176 

Moving,  wooden,  proceeding  relating  to   XIV  25  201 

Notice  of  violations  of  law  relating  to,  service 

of   XIV  36  222 

Officers,  etc. ,  investigations  of  charges  against, 

by  commissioner   XIV  42  230 

Office,  purpose  used  for,  floor  of,  strength  of.  XIV  14  180 

Opera  houses,  construction  of   XIV  30  205 

Partitions,  cellar,  materials  of,  construction  of  XIV  13  179 

walls,  studs  to  be  filled  in  solid   XIV  13  179 


INDEX. 


17 


Title.  Sec.  Page. 

walls,  bottom  tile,  height  ftud  leDgtb  of,  sup- 
port of   XIV  13  179 

Party  walls,  built  for,  may  be  used   XIV  10  174 

existing,  anchoring  in   XIV  10  174 

increase  of  height  of  lining  of   XIV  10  174 

protection  of   XIV  4  166 

wooden  beams  in   XIV  17  190 

Penalties  for  violation  of  provisions  of  laws  re- 
lating to   XIV  34  219 

action  for,  collection  and  disposition  of .  .  .  XIV  34  219 

Permits  for  oousti  uction  of,  limitation  of   XIV  32  217 

revocation  of   XIV  1  165 

Piers,  beams  to  be  anchored  to    XIV  17  190 

base  stone  in   XIV  5  167 

brick,  height  of   XIV  10  174 

chase  in  for  pipes,  prohibited   XIV  11  177 

foundation  of   XIV  5  168 

frozen,  not  to  be  built  upon   XIV  11  176 

prescribed   XIV  9  173 

materials  of   XIV  10  174 

thickne.'s  of,  commissioner  may  permit 

less   XTV  10  174 

Piles,  weighting  of   XIV  5  167 

Pipes,  chases  for  in  walls   XIV  11  177 

chases  for  in  piers,  prohibited  when   XIV  11  176 

gas,  when  let  into  piers  or  beams     .....  XIV  19  195 

hot  air,  construction  of     XIV  18  193 

metal  to  convey  hot  air  or  steam,  wood- 
work near,  prohibited   XIV  18  193 

smoke,  passing  of,  through  floor  or  roof 

prohibited   XIV  18  192 

smoke,  thimbles  for                               .  XIV  18  192 

steam,  distance  of  from  woodwork,  protec- 
tion of   XIV  19  194 

steam,  wooden  boxes  for   XIV  19  194 

water  when  let  into  beams   XIV  19  195 

Plan  of,    alteration  of,    to  be  submitted  to 

commissioner   XIV  32  217 

Posts,  strength  of   XIV  14  180 

Privies,  exterior   XIV  24  201 

Public,  assemblies   XIV  29  205 

care  of  to  be  under  control  of  commissioner  ■ 

of  city  works   XV  1  233 

commissioner  of  police  and  excise  to  make 

regulations  for  protection  of  life   XI  63  132 

egress  from   XIV  29  205 

dangerous,  repairs  or  removal  of   XVIII  2  294 

police  regulatious,  owner  or  agent  violating 

guilty  of  misdemeanor   XI  63  132 

used  for,  floor  of,  strength  of   XIV  14  180 

Range,  kitchen,  fire  proof  filling  around   XIV  19  194 

Registers,  furnaces,  construction  of   XIV  19  194 

Repairs  of,  no  permit  necessary  for   XIV  32  218 

Restaurants,  subject  to  direction  of  commis- 
sioner of,  as  to  certain  arrangements   XIV  29  205 

Retaining  walls   XIV  4  167 


18 


INDEX. 


Title.  Sec.  Page- 

Koofsi,  beams,  wooden,  thickness  of   XIV  17  190 

ends  to  be  b-vell.  d   XIV  17  190 

bulldieads  oil.  coustnictiou  of   XIV  22  199 

cornices  to  be  fire  proof   XIV  22  199 

secured  with  anchors   XIV  22  199 

gutters  on,  t.  be  tire  pre  .of   XIV  22  19 

gutters  on  to  be  secured  witli  ancbors  ....  XIV  22  19J 

leaders  for,  (•(•ndiictiuj^  water  from  XiV  23  200 

mansard,  construction  of    XIV  22  199 

materials  of,  autlioiizatiou  of  cotuiiji'isioner 

of,  as  to   XIV  22  199 

of  theatres   XIV  30  205 

plankuigof   XIV  30  205 

raising  of   XIV  25  201 

scuttles,  cons'rnciiou  of   XlV  23  199 

skylight,  construction  of   XIV  23  2(i0 

smoke  pipe,  p  issing  out  through  prohibited  XIV  18  192 

over  elevators  to  be  fire  proof   XIV  21  197 

strength  of      XIV  14  180 

Huins  of,  recovery  of  bodies  from,  means  for 

provided   XIV  31  217 

Safety,  factors  of    XIV  14  180 

Sand,  quality  of  for  mortar   XIV  11  176 

School  houses   XIV  7  169-70 

Scuttles,  construction  of   XIV  23  199 

ladders  to,  tire  escape  required   XIV  28  204 

Shafts,  timber,  enclosure  of   XIV  21  197 

light  or  vent  walls  of   XIV  11  178 

Sheds  in  fire  limits   XIV  24  200 

Shutters,  exeii.ption  from   XIV  20  196 

inside,  fire  pr.n.f,  to  be  closed  at  night   XIV  20  196 

iron,  to  be  used  in  certain  cases,  construc- 
tion of   XIV  20  196 

to  be  closed  nt  night,  to  b.«  opened  from 

outside   XIV  20  W 

wooden,  construction  of  in  ceitain  cases  . ,  XIV  20  196 

Signs,  wooden,' in  file  limits   XIV  24  200 

Slrteping  rooms,  when  permit  required   XIV  50  23ld 

Smoke  pipes,  distance  of  from  ceiling   XIV  18  192 

thimbles  for   XIV  18  l!)2 

Span,  when  girders  uSHd   XIV  8  172-3 

greater  increase,  thickness  of  walls   XiV  8  172-3 

Stables,  frame,  not  to  be  allowed  to  be  used  as  XIV  25  201 

walls  for   XIV  8  171 

Stairs,  recesses  in  walls  for   XIV  11  177 

Steam  pipes,  distance  of  from  woodwork   XIV  19  194 

Steam  pipes,  protection  of   XIV  19  194 

Steam  pipes,  wooden  boxes  for   XIV  19  191 

Steel  work,  materials  and  workmanship  of   XIV  16  189 

Stirrup  irons   XIV  17  190 

Stores,  floors  certain  of,  estimate  of  strength 

of,  to  be  filed   XIV  14  180 

floors  e^timateof  strength  of,  commissioner 

of  may  revise    XIV  14  180 

floor  estimate  of  strength  of  to  be  posted 

before  use  of  building   XIV  14  180 

walls  of   XIV  8  171 


r 


INDEX.  19 

Title.  Sec.  Page. 

Store  lionses,  floors  of,  estimate  of  strength  of 

to  be  filed    XIV  U  180 

Stud  partitKius,  constrnctiou  of   XIV  13  179 

Stove  pipes,  C(iiistrnc'ti<iu  of   XIV  18  192 

Suits  to  et. force  hiw  relating  t   XIV  ;i5  220 

jiirisdictiou  of  courts,  iu    XIV  35  220 

to  be  brought  by  department  of ... .   ...  XLV  35  220 

to  be  conducted  by  corporatim  coiiusel 

powers  of  in   XIV  41  229 

Tanks  on  roofs,  construction  of   XIV  22  199 

Tenement  bouses,  access  to  bv  liealtb  offic  rs. .  XIV  53  23le 

animals,  keeping  of  iu  prohibited   XiV  51  231(? 

ashes,  receptacles  for    XIV  57  231^ 

cleaning  of                                             .  XiV  52  2nd 

combus  ibles,  etc.,  storage  of,  probibited,.  XIV  51  231tf 
contageous  diseases  in,  notice  of  to  be 

given    XIV  53  231e 

cbimue\s  in   XiV  57  23 1^^ 

cel'ars,  floors  of  tt»  be  cement   X'V  57  2315^ 

defiuiti(m  of   XIV  58  231^ 

floors  ..f,  strength  of   XIV  14  180 

garbage,  receptjicles  for   XI V  51  '2d\d 

halls  of,  windows  in    XiV  57  231^ 

occnp  itiou  of,  piohibiied  unless  law  com- 
plied with    XIV  45  231a 

owners,  names  of  to  be  posted   XiV  52  2316^ 

service  of  papers  upon   XIV  52  23\d 

roofs  of   XIV  47  231a 

rooms  iu,  height  of   XiV  56  231/ 

rooms  ill,  windows  in    XIV  56  231/ 

rooms  tn,  ventilation  of   XI V  56  231/ 

interior  arrab^»enients  of   XIV  48  231a 

space  between  on  same  lot   XIV  65 

in  rear  of   XIV  55  231/ 

stairs  iu   XIV  47  231a 

sewer  connections  iu   XIV  48  231a 

ventilation  in,  provisions  as  to   XiV  46  231a 

walls  of   XIV  7  168-70 

wr.ter  dos^^ts  in   XIV  4«  2;Ua 

water  supply  of   XIV  57  23l7 

Theaties,  alterations  iu,  limitations  as  to   XiV  29  205 

apprf)val  of  commissioner  of  to  beobiained 

before  opening  of   XIV  30  205 

capacity  of   XIV  30  205 

ceilmgsiu    XIV  30  205 

construction  t.f,  reqaiiemeius  as  to   XIV  30  205 

curtains  to  be  tire  proof    XIV  30  205 

egress  from,  means  of,  subject  to  direction 

of  commissi! mer  of   XIV  29  205 

exits  from,  diagram  of  to  be  printed  on  pro- 
gramme  XIV  30  205 

fire  extinguishing,  apparatus  to  be  under 

contrcil  of  department  of   XIV  30  205 

fire  hose  to  be  provided   XiV  30  205 


2Q 


INDEX. 


Title.    Sec.  Page. 


heatiug  unci  lighting  apparatus  id,  subject 

to  direction  of  comniissioner  of   XIV  29  205 

license  for  may  be  revoked  where  order  of 

corataissioner  not  complied  with   XIV  29  205 

hghting  of   XIV  30  205 

must  be  fire  proof   XIV  15  183 

passages  in,  to  be  kept  free  from  obstruc- 
tions   XIV  29  205 

roof  gardens  on   XIV  30  205 

scenery,  etc.  to  be  made  non-combustible  XIV  29  205 
spriuklerF,  automatic,  to  be  provided  under 

direction  of  commissioner  of   XIV  30  205 

use  of  for  other  purposes  prohibited .....  XIV  30  205 

walls  of   XIV  9  173 

Timber,  quality  of   XIV  17  190 

ventilation  of,  regulation  of  by  commis- 
Unfit  for  habitatioii,  henlth  comuiissioner  may 

'*  order  vacated   XIV  54  231^ 

Unsafe,  actions  relating  to   XIV  37  223 

default  in   XIV  37  223 

expenses  of  to  be  paid  from  revenue  fund.  XIV  37  223 

judgment  in   XIV  37  223 

jury  trial,  waiver  of   XIV  37  223 

hs  pendens  in   XIV  37  223 

parties  to   XIV  37  223 

precept  in,  execution  of  costs  in   XIV  37  223 

proceedinjjs  relating  to   XIV  37  223 

sale  of  premises  in   XIV  37  223 

service  of   XIV  37  223 

summons  in   XIV  37  223 

trial  of,  notice  as  to  proceedings  by  petition, 
jurisdiction  of  courts,  decree  enforce- 
ment of,  remedy  cumulative   XIV  38  223 

Vaults,  under  sidewalks   XIV  6  169 

Violation  of  law  relating  to,  proceedings  as  to. .  XIV  42  230 
injunctions  may  be  withdrawn  by  commis- 
sioner, provisions  as  to   XIV  35  220 

investigations  of  by  commissioner,  sub- 

poenfts  in   XIV  42  230 

lis  pendens,  notice  of,  cancellation  of   XIV  35  220 

notice  of,  daties  of  persons  upon  whom 

served,  penalty  for  neglect  of   XIV  39  227 

notice  of,  service  of   XIV  36  222 

notice  of  to  be  returned  to  corporation 

counsel   XIV  41  229 

penalties  for,  collection  of,  to  be  paid  into 

treasury  of  firemens  insurance  fund.  ..  .  XIV  34  220 
penalties  for  violation  of,  actions  to  re- 
cover, discontinuance  of  by  direction  of 

commissioner  of   XIV  34  219 

procee(^ings  to  atthorize  department  to 

remove,  expense  of,  lien   XIV  39  227 

provisions  of  law  relating  to  penalty  for, 

jurisdiction  of  courts  in  suits  to  recover  XIV  35  220 
suits  in,  commencement  of,  trial  of,  issues 

in,  costs   XIV  35  222 

suits  in,  judgments  in,  lien  of   XIV  35  222 


INDEX.  21 

Title.  Sec.  Page. 

suits  in  respect  to,  corporation  counsel  to 

conduct,  powers  and  duties  of    XIV  41  229 

testimouy  as  to   XI V  42  230 

Wainscoting,  wood  to  be  filled  in  solid   XIV  11  178 

Walls,  adjoining   excavations,  comoiissioner 
may  protect;  expenses  of,  how  sued  for,  lien 

for  i-xpenses.  enforcement   XIV  4  166-7 

anchors  for  wooden  beams   XIV  17  190 

anchoring  in   XIV  10  174 

apartment  houses   XIV  7  169-70 

armories...;   XIV  9  173 

bearing  capacity  of,  safe    XIV  14  180 

brick,  headirg  couri-es  in   XIV  14  180 

brick  to  be  U'ed  iu   XIV  11  177 

buildings  of  public  charactei   XIV  9  173 

car  or  stable  house   XIV  9  173 

cliurches   XIV  9  173 

cornices  in  relation  to   XIV  22  199 

curtain   XIV  9  173 

XIV  10  174 

dwelling  houses   XIV  7  169 

XIV  8  172 

faced  brick,  bearing,  thickness  of   XIV  10  174 

factories   XIV  8  171 

flats   XIV  7  169-70 

XIV  8  172 

foundries   XIV  9  173 

foundation,  material  of,  dimensions   XIV  5  168 

foundation  defined   XIV  6  168 

frame,  for,  outside  fire  limits   XIV  26  202 

frozen,  not  to  be  built  on   XIV  11  l76 

furred   XIV  11  176 

height  of,  how  measured   XIV  13  179 

hollow,  materials  in   XIV  13  179 

hotels   XIV  7  170 

XJV  7  172 

how  built   XIV  11  176 

machine  shops    XIV  9  173 

materials  in,  piers  and  buttresses   XIX  10  174 

materials  of   XIV  3  165 

mortar  for    XIV  11  177 

must  conform  to  provisions  of  Act   XIV  2  J65 

non-bearing   XIV  7  171 

one  story  brick   XIV  9  173 

parapet,  coping  on   XIV  11  176 

partition.    . .    XIV  7  171 

partition,  beam,  side,  height  and  length  of, 

support  of   XIV  13  179 

party,  existing,  anchoring  in   XIV  10  174 

party,  height  of.  increase  in,  lining  of   XIV  10  174 

party-walls  built  for,  may  be  used   XIV  10  174 

party,  wooden  beams  in   XIV  17  190 

l»ipes,  chases  in  for   XIV  11  177 

protection  of   XIV  4  166 

public  markets   XIV  9  173 

recesses  in,  rear  of   XIV  11  177 

for  alcoves   XIV  11  177 


22  INDEX. 

Title.  Sec.  Page. 

stairs  and  elfivators    XIV  11  177 

retniiiiu«j   XiV  4  1<57 

R;m(i  for  luortar  used  111    XIV  11  177 

school  houses   XlV  7  170 

XIV  «  172 

stnble    XIV  8  171 

stofie,  ashler,  use '»f  in,  reguliited   XIV  10  17.5 

store    XIV  8  171 

theatre   XlV  9  173 

XIV  30  2..;-) 

thic''ne>*a  of,  regulated  by  comraissiouer . .  XlV  8  173 

tJiickiiess  of   XIV  10  174 

tiiiiLei  in    XIV  10  190 

to  he  Miichor^'d  to  beanos    X"V  10  190 

Warelio.ises.  fl.v.rs  of   XIV  14  190 

floors  of,  estiniMte  of  streiigtii  of,  tn  be 
filt'd   iiud    p(»sted,    coiuniissiouer  may 

revwe   XIV  4  180 

floorsof,  sirfuwth  of   XIV  14  ISO 

frame,  not  to  he  altered  to  be  ust-d  as  ... .  XIV  25  201 

walls  for   XIV  8  171 

water  pipes,  when  let  into  beaius   XIV  19  194 

well  holes,  authority  over,  conimisaiouer 

of,  to  h;iveexclui.iv   XIV  21  197 

guards  aud  j^ates  to  be  kept  closed   XIV  21  197 

skvhuht  over   XIV  21  197 

width     ,  how  lueasun  d    XIV  21  197 

Windows,  bay   XIV  2»  200 

oriel   XIV  22  2(K) 

op^-nini/K  for,  arches  over   XlV  12  178 

stone  lintels,  size  of   XIV  12  178 

w«>« Mien  oi  frame,  occupancy  of             ...  XIV  2o  201 

Wires,  elect ri<«.  rules  as  to  .  . .  .*   XIV  19  195 

Work  shup^,  fl  )ors  of,  estimate  of  streuyth  of, 

to  he  tiled,  to  be  posted  before  use  of   XIV  14  181 

Bulkheads. 

Arrests  on,  jurisdiction  of  courts  as  to,  police  to 

have  power  to  make    XI  24  117 

Bureaus. 

Organization  of  by  heads  of  departments   XXII  9  346 

Burial  of  Dead. 

Commissioner  of  health  to  regulate   XII  2  135 


INDEX.  23 


C. 

Title.  Sec.  Page, 

Canvassers. 

Buard  of  aldermen  to  be                                   Ill  7  47 

proceedings  of ,  as                                      Ill  7  47 

III  8  47 

III  9  48 

III  10  48 

See  "  Elections." 

Cartmen. 

p.  )lic'^  supervision  of                                         XI  96  117 

Piibl  c,  regulation  and  license  of                         II  12  28 

Cemeteries. 

Not  to  be  established  near  source  of  water  supply    XV       19  245 

Certificates. 

Ar rea IS  of  taxes,  etc.,  of  sale  for,  contents  of . .  VIII  4  81 
Bil  s  auil  churns  not  to  be  auditeil  without  ....    V  3  65 

Claim*  ajiaiust  city,  auditor  to  ct-rtify   V  3  65 

Local  iiiiproveiueuts  : 

assessment  roll  for  certain,  to  be  endorsed 

by  certificate  of  coinmissioner  of  ciiy 

works  and  corpjration  couusel   VII        6  71 

Certificates  of  Indebtedness. 

Cf^rtJiin,  may  be  issued  witli  option  of  city  to 

pay  before  fully  due     IV         5  55 

Comptroller  may  issue,  for  wbat  purjjose   IV        30  63 

VIII     18  89 

Contagious  disease  hospital,  may  be  issued,  to 

pay  for  purp 'se  of   XII       12  144 

Option  of  city  to  pay  before  fully  due,  ceriaiu 

may  be  issued  with     IV         5  55 

Taxes,  in  anticipation  of,  interest  not  ex  -eeiling 

six  per  Cf-ut.,  with  optiou,  form  and  terms  of, 

who  shall  fix   IV         5  55 

Certiorari. 

Writ  of  to  review  determination  of  commis- 
K  oner  of  pohce  and  excise  or  commissioner 
of  fire,  when  granted   XI        15  113 

Cesspools. 

Licensing  of  to  be  under  control  of  commis- 
sioner of  city  works   XV        1  233 

Chairman  of  Finance  Committee.  * 

With  auditor  to  examiue  annu  d  accounts  of 
comptroller   IV       28  63 


•24 


INDEX. 


Title.    Ssc.  Pag6. 

^Charitable  Institutions. 

Appropriaiions  for  certain   II  20  35 

Real  property  of,  assfssraents  on,  how  paid. .  .  XXII  32  355 
Heal  property  of,  exemption  of  from  taxes  and 

asse^sments     XXII  32  355 

Real  property  of,  exemption  of  from  water 

rates   XXII  33  355 

Charter  Act. 

Construction  of   XXII    35  356 

Circuses. 

Regulation  and  license  of   II         12  29 

Cisterns. 

Licensing  of  to  be  under  control  of  commis- 
sioner of  city  works   XV        1  233 

City  Clerk. 

Assessmnnls,  warrants  for  collection  of  to  be 

attested  by   VI 1        9  72 

Bouds,  Prospect  park,  record  of  to  be  kept  in 

ofl&ce  of,  to  be  open  to  public  inspection.  ...  XVI  23  282 
Canvassers  : 

board  of,  to  be  clerk  of   1)1         7  47 

Common  council  : 

clerk  of   II  6  25 

proceediuf^s  of,  record  of  to  be  kept  by.  . .    II  (>  25 

resiuuiition  of  members  of,  written  notice 

of  to  be  filed  with   ll  5  24 

Duties  of   II  r.  25 

Licenses  granted  by  n,*iyor,  to  countersign  all.    II  fi  25 

Money,  to  keep  account  of  orders  directing  to 

be  paUl     VI         1  68 

warrants  for  payment  of  to  be  counter- 

s  gned  by   VI         1  67 

Moneys  paid  to  comptroller,  return  of  under 

oath  to  be  made  by   II  6  25 

Moneys  payable  to,  to  be  receiyed  by  and  paid 

over  to  treasurer   II  (>  25 

Office  of,  office  of  record,  laws  applicable  to.  .  .  XXII  3  345 
Ordinances  of  common  council  : 

to  be  signed  by   II  6  25 

to  be  engrossed  by   II  G  25 

Ordinances  or  resoluii(ms  of  common  council  : 
objections  of  mayor  to,  to  be  filed  with, 

time  limited    II  9  26 

Papers,  copies  of  duly  certified  by  under  cor- 
porate seal,  to  be  evidence  in  all  courts  and 

places   II  6  25 

Papers  and  documents,  certain  of  city,  under 

i     charge  of   II  6  25 

Removal  of   II         6  25 

Tax  cenificat^^s,  to  countersign  ui.der  i-eal  of  city  VlIE  18  90 
Term  of  office  of   II         6  25 


INDEX.  25 

Title.  Sec.  Page. 

City  Officers. 

Administrative  power  vested  in  certain   Ill  1  43 

Appointments  of,  receiving  consideration  for  a 

felony   XXII  23  350 

Bonds  of,  discharge  of,  failure  to  file,  penalty  III  4  45 
Bonds,  city  with  option,  form  and  terms  of 

who  shall  fix   IV  5  55 

Bureaus  to  be  organized  bv  certain   XXII  9  346 

Charges  against,  common  counci'  to  invf^stigate  II  12  27 

Coujpensation,  to  receive  uoue  fxcept  sahirv..  Ill  4  45 
Contracts,  receiving  considt-ration  for  making 

of,  a  felony   XXII  23  350 

Debt,  incurring,  unauthorized  deemed  a  mis- 
demeanor, penalty  for   XXII  5  345 

Departments,  heads  of,  appointment  of   Ill  2  43 

Deputies,  appointment  of  by  cei tain,  duties  of .  XXII  26  352 

Embezzlement  by,  deemed  a  felony   XXII  4  345 

Fees,  etc.,  to  be  paid  into  treasury  by   Ill  4  46 

Financial,  to  issue  bonds  to  meet  overdralts  in 

certain  cases     VI  2  68 

Information,  must  furnish  to  auditor  when  re- 
quired    V  4  65 

Mayor,  suspension  of  by   Ill  12  50 

Misfeasance  or  nonfeasance  of,  city  not  liable 

for   XXII  28  353 

Moneys,  city,  account  of  to  be  made  to  comp- 
troller by   VI  1  67 

neglect  to  deposit  in  treasury,  comptroller 

to  notify  mayor  of    IV  27  63 

to  be  paid  to  Treasurer  by   VI  1  67 

Moneyed  institutions,  certain,  not  to  be  inter- 
ested in  XXII  10  346 

Oath  of  office  of,  ueglect  to  take  psnaltv   IJI  4  45 

Office,  at  present  holding,  te-m  of    XXII  26  352 

Office,  restrictions  as  to  iiolding  other,  effect  of  III  4  45 

Qualifications  of  •   Ill  3  44 

Salary  of  aot  to  be  paid  in  certain  cases   Ill  4  46 

Suspension  of  by  May^r,  proceedings  on   Ill  12  50 

Suspen  ion  of,  when  mayor  notified  that  city 

moneys  have  not  been  deposited  in  treasury  IV  27  63 
Vacancies  cau-ed  by  failure  to  take  oath  or 

to  file  bonds  how  filled  .    Ill  4  45 

Vacancies  to  be  be  filled  for  unexpired  terms. .  Ill  12  50 

Vote  of,  receiving  consideration  for  a  felony, . .  XXII  23  350 

City  Surveyors. 

Appointment  of   Ill  12  28 

City  Treasurer. 

Account  of  receipts  and  payments  to  be  kept 

by   VI  1  67 

Accounts  of,  exammation  of   IV  28  63 

Appointment  of   VI  1  67 

Appropriations,  books  showing  condition  of,  to 

be  kept  by    VI  2  68 

statements  of  to  be  furnished  to  before 

warrants  drawn   IV  27  63 


26 


INDEX. 


Title.    Sec.  Page, 

Board  of  education,  to  be  trensnrfr  of   XVIII    4  286 

Bouit]  of  estiuiute,  to  be  a  meiuber  of   I(         18  33 

City  clerk,  m<»uey  received  by  to  be  paid  over  to  II  6  25 
Collector  of  taxes    aud    nHsefStnents  to  pny 

inoueys  to  on  day  received   VII        1  69 

Comptroller,  rents  of  property  t«»  be  p>inJ  by  to  IV        26  62 
D.  p  'Sits  of  luon.  y  to  be  made  in  certain  insti- 
tutions   VI          1  67 

Dnplicjtte  payments  to  cUaige  refund  of  to 

pr  per  account   X         13  103 

Duties  of   VI         1  67 

Excise  moneys,  to  pay  portion  of  to  p.»lice  pen- 
sion fund    XI       41  123 

lusnrance  companies,  tnx  <»n  certmn  to  be  paid 

to  trnst^-es  Firenien's  iiisniHnce  fnnd   XIII     14  151 

Institutions  of  deposit  f  .r  "'t\  moneys,  wlieu 

to  be  determined  l»y   VI          1  67 

Interest  account  of  colloctt d  on  city  deposits  to 

be  furnished  to  c  niptroller  by  ... .        . . . .  Vl          1  67 

Interest  on  city  dep  'sits,  col).  cti  »n  of   VI          1  67 

111 oiieys,  city,  to  receive  >unl  deposit  all    VI          1  67 

Office  of,  ofl&ce  of    rec  »rd,  laws  applicable 

thereto   XXII      3  345 

Receipts  for  immeys  paid  to  him   to  be  in 

duplicate    VI         3  68 

Beturns,  to  m  d<e  w«  eUlv   VI         1  67 

Sal.a  v  of   VI          1  67 

Tiix  sales,  moneys  paid  <  n  lo  be  deposited  with  VIII       6  85 

Te.m  of  offire  of   VI         1  67 

Treasury  department,  lo  bn  head  of   VI          1  67 

Water  sinking  fund,  to  be  coMiniissiouer  of  ..  .  XV  5  237 
Water  lates,  money  received  from,  separate 

account  of  to  be  kept  by   XV         4  236 

how  to  be  |.aid  out    XV      -4  236 

Warrants  not  to  be  paid  by  iiide^s  balance  in 

proper  account  applicjible  thereto    VI         2  68 

See  ' '  Waekants.  " 

City  Works. 

See  '  •  Department  op  City  Woeks.  " 

Claims  Against  the  City. 

Actions  on,  when  mav  be  brought   XXII    30  '353 

Audit  of  *.  . .    V          3  65 

Ex'imiuntion  of  by  auditor   V           1  65 

FiliuK  of,  settlement  of    XXII    30  353 

Coal  Wood,  Etc. 

Dealers  in,  regulation  and  license  of   II         12  28 

Collector  of  Taxes  and  Assessments. 

Accounts  of,  annual  examination  of   IV        28  63 

Accounts  of.  common  council  mav  tirder  xam- 

a  ..inaiion  «.f  *   IV       28  63 

Accounts,  statement  of,  to  make  wlieu  uotitied 

by  surety   VII        3  70 

Appointment  of   VII       1  69 


i 


INDEX.  27 
Title.    Sec  Fage. 

Assecpments,  nnpa  d.acconnt  of  to  bp  delivered 

t(»  trejisiirei  by   VII       12  74 

Assf-snients  unlaid,    Rrc<mut  of,  d^^liveij'  to 

coTuptrollpr,  xffidiivit  of  to  lie  uuide  l>y   VII       13  74 

Bills  f..r  tHxes.  Hrr.  ars  to  be  note   on  by   VII       11  73 

Bills  of    aniounts  as"*- ssed  to  persous  liable 

tb-refof,  t   be  sent  by   VII        2  70 

Ckillpction.  depaitiueut  of,  head  of   VII        1  69 

G'lupt roller  to  chaigf  Ct^itniii  mnouuts  to   IV        21  tO 

O'luptroiler  to  credit  ct-rtaiu  amount  to   IV        21  60 

C<' in pt roller  to  credit  with  nnionnt  <»f  «inp:iid 

assf-^siiients  upon  prcpnr  }iffidH\it   V^I       13  75 

Einbezzlenien',  wliat  jicrs  of  c-onstitnte   VII        5  70 

LocmI  iiiiproveiiieuis.  a'.>Ntrjic't  <if  as>es>»njeM  for 

to  fnruisli  foinptroller  with    VII        7  71 

Lk  csil  iinpriivements,  asses-SLueuts  for  to  t-e  en- 
tered on  annual  assess  i  ent  r  ills  b\   VII       11  73 

LiOCil  improveiueu  s.  ass«  ssnimt  lollsfor,  to  be 
delivered  to  when,  warrant  f«  r  to  be  deliv- 
fr^d  t<»  whei   VII        6  71 

Local  iiiif  roveinents,  pay?.!  le  in  mstjdluients, 

uj>iy  Ciincel  Mssessineutc  for  when    VII        8  71 

Lociil  iuipr«)vemt^uts,  p:ivahle  iu  iustalluieiits, 

may  receive  total  amonni  ft)r    VII        8  71 

M<'ue\s  collec  e«l  bv,  how  loi    to  retail'   VII        5  71 

Aloneys,  clleciiou  of  on  wanants  «>eli\e    d   to    VII         1  69 

Moneys.  Conversion  of   end)ezzlem«  nt   VII        5  70 

Mou  collected,  to  render  ac  onnt  •>»  to  comp- 
troller  VII        1  69 

Monevs.  to  pav  to  tieasnr«-r  sjime  dav  »s  col- 
lected        !   Vil        1  69 

Office  of,  office  of  rt  cold,  laws  applicable  to.  ..    XXII     3  345 

Powers  of,  siime  as  Collectors  of  towns   Vll        2  69 

Keal  estate,  tax  on,  need  not  levy  bv  distress 

of  goods  aud  chattels   .'   VII        2  69 

Kegistrar  of  ai  rears  to  ceriify  omissions  and 

overcharges  t«   VII       14  75 

Kegi-trar  of  arrears,  to  charge  ciiy  items  trans- 
mitted to   VII        1  69 

Registrar  of  arrears,  to  deliver  animal  as«^ess- 

meut  rolls  to   VII      11  73 

Begistrar  of  arrenrs,  to  make  return  t<»  at  expir- 
ation of  year  of  nucollected  items   VII        9  72 

Registrar  of  arrears,  to  niake  retnrn  to  of  taxes 

remaining  nnpaid  at  expiraticm  of  ^ear   VII       14  75 

Eegistnir  of  arrears,  to  receive  no  paym»-nt  of 

taxes  after  retnrn  to    VII       14  75 

Salarj'of    Vlt        1  69 

Surety  for,  how  ma\  be  discharged   VII        3  70 

Taxes,  collection  of  to  bf  b«gnii  on  December 

1st  in  eacii  year    .    VII        6  71 

Taxes  and  assessments,  allowance  of,  jjayment 

of  (o  be  credite<l  to  account  of     VII      10  72 

Taxe^  and  a-sessments,  collection  of  to  be  made 

by  within  one  year  from  date  of  return .  VII        9  72 

Taxes  and  assessments,  laxing  of,  corre<  tion  of 

errors  in,  to  be  certified  by   X         10  102 


28 


INDEX. 


Title     Sec.  Page. 

Taxes  and  assessments,  sums  collected  on,  to  be 

paid  to  treasurer  by     VII        9  72 

Taxes  and  assessments  unpaid,    omission  to 

make  return  of   VIII      9  86 

Taxes,    uiipai»l,   comptroller    to  credit  with 

amount  of   VII      12  74 

Taxes,  unpaid,  statement  of,  delivered  to  comp- 

tioller  by   VII      12  74 

Tax  rolls,  nofic*^  of  completion  of,  and  persons 
required  to  pay,  to  be  published  without  dt  lay 
by   VII       2  69 

Tax  rolls,  notice  of  completion  of,  require- 
ments of   VII        2  69 

Term  of  office  of   VII        1  69 

To  charge  to  city  amounts  paid  to  comptroller, 
to  cliar<<e  to  city  rebates,  reductions  and  can- 
cellations    VII        1  69 

Warrants  for  collection  of  assessments,  notice 

of  to  be  ptiblished  by   VII        2  70 

"Warrants  for  collection  of  taxes,  amounts  in- 
cluded in,  to  be  c- edited  to  city  by    .  .     ...    VII        1  69 

Warrants  for  collection  of  taxes  to  be  delivered 

to  when   VII        6  71 

Commissioner  of  Buildings. 

See  "Bu  ldings." 

Commissioners  of  Election. 

See  Elections." 

Commissioner  of  Parks. 

See  • '  Department  of  Pabks.  " 

Commissioners  of  Sinking  Fund. 

Bonds,  city,  interest  ou,  when  portion  of  sur- 
plus water  income  may  be  applied  toward 

payment  of  by    IV        15  58 

interest  on  principal  of  amount  of  to  be 
rai>»ed  by  tax,  to  be  certified  to  board  of 

estimate  by   IV        18  59 

or  obh  ations  of  ci'y,  may  can  el,  in  what 

money  or  fund  may  be  invested   IV        18  59 

Meetings  of'  ."   IV        17  69 

Mem bt^rs  of.  who  shall  be   IV        16  59 

Moiiej',  city,  ill  wiiar  institutions  to  be  depos- 
ited, directed  by   VI  1  67 

deposit  of.  how  contract  for  with  institu- 
tions made  by   rv       18  59 

of  sinking  fund,  how  invested  and  de- 
posited   IV        18  59 

Report  of  to  common  <-ouncil  semi-antiually  ...    IV        19  60 

Secretary,  who  Hha'l  act  as   IV        17  59 

Water  works,  n»  t  surplus  income  of  to  be  paid 

to   IV        15  58 

Common  Carriers. 

Kegulation  and  license  of   II         12  28 


r 


INDEX.  29 

Title.  Sec.  Page. 

Common  Council. 

Accounts  of  certain  officers,  examination  of 

may  be  ordered  by   IV  28  63 

Accounts  of  departments,  comptroller  to  pre- 
scribe manner  of  keepmg  subject  to  ordi- 
nances of   IV  2  54 

Aldermen  to  constitute  the   II  3  23 

Amusements,  licensing  and  regulation  of  by  .  .  II  12  28 
Assessments,  assessors  to  make  return  to  for 

confirmation   X  6  99 

Assessments  for  local  improvements,  certain  to 

be  declared  void  and  to  be  re-a&sessed  by  ...  X  15  104 
Assessments  for  Prospect  park,  to  be  raised 

and  levied  by   XVI  24  283 

Assessments,  levying  of    II  12  27 

Attorney  and  counsel,  person  to  appear  for 

corp  ration,  with  couseut  of   IX  1  95 

Auctioneers,  regulation  and  license  of   II  12  28 

Auditor,  to  report  weekly    V  6  65 

Bathing,  regulation  of  by   II  12  28 

Baths,  public,  to  establish  and  maintain   II  12  28 

Billiard  saloons,  regulation  and  license  of    II  12  28 

Bowling  alleys,  regulation  and  license  of   II  12  28 

Bridges,  building  of  by,  loans  for  how  created.  II  23,  4,  5,  39 

Burials,  to  regulate     II  12  28 

Cars,  street,  regulation  and  license  of   II  12  29 

Cartmen,  public,  regulation  and  licecse  of  ....  II  12  28 
Chaises  incurred  under  Sec.  5,  title  XVIII,  to 

order  to  be  audued  and  paid   XVIII    5  295 

Charges,  against  officers,  etc.,  investigation  of..  II  12  27. 

Circuses,  regulation  and  license  of   II  12  29 

City  hall,  keeper  and  assistant  keeper,  appoint- 
ment of   II  28  40 

City  surveyors,  to  appoint   II  12  28 

Clerk  of,  appomted  by   II  6  25 

duties  of   II  6  25 

Coal,  wood,  etc.,  dealers  in,  regulation  and 

license  of   II  12  28 

Commissioner  of  city  works,  powers  of  over 

limited   XV  51  264 

Commissioners  of  sinking  fund  to  report  semi- 
annually to   IV  19  60 

Common  carrieTS,  regulation  and  license  of.  . .  II  12  28 
Contracts,  accounts  on,  statement  of, comptroller 

to  render  when  required   IV  23  61 

bids  for,  to  authorize  department  of  city 

works  to  advertise  for   XVIII    1  293 

certain,  to  be  under  control  of   XVIII    1  293 

discharged  how   IV  25  62 

forfeiture  for  non-fulfilment  of,  not  re- 
mitted by   II  19  35 

restriction  as  to  entering  into   IV  25  62 

Court  rooms  for  justices'  courts,  leasing  of  by. .  XXI  8  341 

Crosswalks,  to  lay,  expense  of  how  charged   II  12  30 

Curbs,  to  set  and  reset,  expense  of  how  charged  II  12  30 
Dangerous  materials,  to  regulate  storage  and 

sale  of   II  12  28 


30 


INDEX. 


Title.    Sec.  Page- 


Departments,  to  supervise  ajffairs  of   11  12  27 

Disi»r<lerly  houses,  iTobibilion  of   II  12  29 

J >o«4s,  regiiliiti"U  !iu(i  license  of   II  12  29 

E-tiiniite  of  board  of  estiui  ite,  to  iic^  on   II  18  34 

Exhibitiotis.  regulation  and  bceuse  of   II  12  29 

Expressmen,  regulation  and  lu•ens^  of   II  12  28 

Fiti-iuces.  ujanagement  of   It  12  27 

coiuptroller  to  comniuuic.ite  plans  for  iin- 

provn)g  aduiinibtration  of  to   IV  29  63 

Finance  commitree,  clirtinnan  of,  to  examine  ac- 
counts of  certain  otiieers   IV  28  63 

Fiuancial  statement,  to  publish  annually   II  10  26 

Fiiiiincial  statement  of  concerns,  comptroller  to 

prepare  annually  under  direction  of.   IV  1  53 

Fiie  department  : 

property  of  manner  of  di«.posing  of   XIII  4  145 

8U|)  lies  and  apparatus  for,  to  provide  ...  XIII  3  145 

Fire  district,  proceeniiigs  for  extending   II  12  28 

Gutters,  to  set  and   reset,  expense  of  how 

charged   II  12  30 

Hackinen  and  cabmen,  regulation  and  license 

(»f   II  12  28 

Improvements,  making  of  by,  loans  for  how 

created  '.   II     23,  4,  5  39 

Intelligence  offices,  regulation  and  license  of.  .  II  ll  28 

Interpivfer-*,  appointment,  etc.,  of  by   II  22  38 

Ju-lgui'-iits  against  city,  to  diivct  payment  of . .  X  ill    20  349 

Juuk  dt^alers,  rei^nlation  and  license  of   II  12  28 

Legislative  p  iwer  vested  iu   II  1  23 

Licenses,  excise,  form  of.  deteimiued  by   XI  62  132 

Licenses,  oci-upatu»ns  •ubject  to   II  12  28 

Loans,  temporary,  in  anticipation  of  taxes,  may 

mike.   II  26  40 

Local  improvements  : 

assessiu'^nts.  certain,  deolared  void  and  r'^- 

assessed  by, . . .    X  15  104 

assessment  roll,  copy  of  to  be  delivered  to 

comptroller  and  collector  by   VII  6  71 

estimate  of  cost  of  to  be  submitted  to  by 

CO  umissioner  of  cit}'  works   IV  23  61 

powers  of  in  relati  »n  to  i-eassessments  for.  XIX  18  304 

Lots,  digging  down  and  tillin>j:,  expense  of. ...  II  12  29 

fencing  of,  to  direct,  exp  nse  of   II  12  29 

walls  on,  to  direct  building  of   II  12  29 

Maps,  ward,  to  cause  to  be  made   X  4  98 

Markets,  establishment  of  by; 

loans  for,  how  created   II  23  39 

24  39 

25  39 

regulation  and  license  of   II  12  29 

Meeting,  first  of   II  II  27 

Meetings,  special,  how  called   II  11  29 

time  and  place  of,  appointed  by   II  8  25 

Stated  weekly-,  to  hold. ..   II  11  27 

Members  of 

election  of,  'o  be  sole  judge  of   II  8  25 

expelling  and  punishment  of   II  8  25 


r 


INDEX.  31 

Title.  Sec.  Page. 

qualifications  of,  sole  judge  of   II  8  25 

receiving  compensatiou  for  vote,  guiltj  of 

felony   XXII    23  350 

resign  .tiou  of,  Low  effected.    II  5  24 

seat  of  niav  be  declared  \acant  by   II  8  25 

term  uf  office  of   II  3  23 

II  5  24 

Menageries,  regulation  and  liccDse  of   II  J  2  29 

Money,  borrowing  of   IV  25  62 

])aying  of,  time  and  manner  of  •   VI  1  67 

Newspapers,  corporation,  dt-signaticm  of  l)y, 

expenditure  f..r   II  17  32 

Noxiou>s  business,  regu hi tion  and  license  of   II  12  29 

Nuisances,  jibateaieiit  of  by   II  12  28 

Officers,  sel  ctiug  of  by    II  8  25 

Ordinaui-es,  Hiueuduient  and  repeal  of   II  13  30 

continued  in  force   11  27  40 

debts  tnd  obli^^ations  not  to  be  created  ex- 

c  ptby     II  9  26 

hen Itb,  amending  or  repealing  of   XII  3  135 

objections  to,  returned  by  ni>iyor  to  be 

enteied  at  length  on  journal   II  9  26 

penalties  for  violation  of  .    II  14  31 

may  not  remit  fiaes  for   II  19  35 

to  be  prescribed  by   II  12  29 

power  to  pass   II  12  27 

publication  of  by   II  16  31 

violation  of,  suits  for,  proceedings  in    II  15  31 

Ordinances  and  resolutions  of  to  take  effect 

when   II  9  26 

returned  by  mayor  with  objecti(ms,  pro- 
ceedings as  to   II  9  26 

Parks,  making  of  by,  loans  for,  how  created. . .  II  23  39 

24  39 

25  39 

Parks  and  places,  matters  connected  with,  to 

regulate    II  12  28 

Pawnbrokers,  regulation  and  license  of   II  12  28 

Peddlers  and  hawkers,  regulation  and  license  of  II  12  28 
Penalties  for  violation  of  Act,  to  be  prescribed 

by   II  12  29 

Police  and  excise,  department  of,  property  be- 
longing to,  disposal  of  directed  by   XI  65  133 

security  to  b^^  entered  into  by  commission- 
er and  members  of,  to  be  provided  for 

by   XI  36  121 

telegraph  instruments  for   X£  24  116 

Powers  of     II  13  30 

II  12  27 

President  of,  elected  annually   II  8  25 

President,  pro  tempore   II  8  25 

Proceedings  of,  journal  of  to  be  kept   II  8  25 

record  of,  city  clerk  to  keep,  certified  copy 

of  evidence  in  all  courts   II  6  25 

rules  of  determined  by    II  '  8  25 

Property,  corporation,  to  manage   II  12  27 


32 


INDEX. 


Title.    Sec.  Page, 


Pioposnls,  certain  work  authorized  by  to  be 

done  without  two-tbinls  vote   XVIII    6  295 

Prostitutes,  restraining  and  punishment  of ... .  II  12  29 

Shooting  galleries,  regabitioii  and  license  of  ...  II  12  29 

Shows,  cjiurnon,  regulation  and  license  of . ...  II  12  29 
Sidewalks,  improvement  of,  expense  of,  how 

met   II  12  30 

repair  of,  expens.^  of,  how  met   II  12  30 

Slaughter  houses,  regulation  and  license  of .  .  .  II  12  29 

Special  meetings  of,  how  called   II  11  27 

Streets,  avenues,  etc. : 

cession  of,  not  to  accept  until  title  reported 

by  attorney  and  counsel   IX  2  9G 

Jurisdiction  of  over,  mattei-s  connected 

with,  to  regulate    XXII  22  350 

names  of  may  be  changed  by  . .  .    II  21  38 

Surplus  of  appropriation  may  be  applied  as  di- 
rected by   XVIII    3  294 

Swimming,  regulation  of  by    II  12  28 

Taxes  and  assessments,  renewal  of  warrants  for  VII  9  72 
Trustees  of  property,  funds,  etc.,    of  city, 

duties  and  responsibilities  as   XXII  21  350 

Vacancies  in.  how  filled    II  3  23 

Vagrants,  beggars,  etc  ,  restraining  and  pun- 
ishment of   II  12  2& 

Vessel,  to  furnish  on  requisition  of  commis- 
sioner of  police  and  excise   XI  24  116 

Ward  boundaries,  change  of  by   II  29  J  41 

Water  works,  inspection  of  by  committee  of  .  .  XV  23  246 

Weights  and  measures,  regulated  by   II  12  28 

Wharves,  matters  connected  with  to  regulate . .  II  12 

Comptroller. 

Accounts  of,  examination  of,  common  council 

may  order    IV  28j^;  63 

Accounts  and  payrolls,  form  to  be  presciibed  by  IV  1  53 
Accounts,  method  of  keeping,  to  be  prescribed 

by   IV  1  53 

Accounts  of  departments,  to  be  kept  in  manner 

prescribed  or  approved  by   IV  2  54 

Accounts,  when  may  be  overdrawn  by   VI  2  68 

Appropriation,  portion  of  annual,  maybe  trans- 
ferred to  revenue  fund   IV  10  57 

statement  of  to  be  furnishtd  to  treasurer 

by,  before  warrants  drawn   IV  27  63 

Assessment  fund,  to  certify  amount  of  applica- 
ble to  contract   IV  24  61 

Assessments,  unpaid,  account  of,  collector  to 

deliver  to   VII  12  74 

unpaid,  acnount  of,  collector  to  be  credited 

with,  upon  proper  affidavits   VII  13  75 

Assessment  rolls,  copies  of  to  be  sent  to   VII  6  71 

Books  of  treasurer,  may  direct  what  shall  show  VI  2  68 
Bonds,  stocks  and  obligations  : 

account  to  be  kept  by   IV  4  54 

award  to  highest  bidder   IV  3  54 

bids  for  purchase  of,  to  be  advertised  for  by  IV  3  54 

books  for  transfer  of,  to  be  kept  in  office  of  IV  6  5& 


INDEX.  38 
Title.    See.  Fage> 

disposed  of  by,  with  mayor   IV         4  5i 

interest  on,  fixed  by,  with  mayor   IV         4  ^  54 

sale  of  at  less  than  par  Talue  and  ncorned 
interest  not  to  be  made  without  consent 

of   IV         3  54 

signed  by,  with  mayor   IV         4  5* 

Buildings,  expense  of  examining  strength  of 

floor  of,  to  be  paid  by   XIV  14  ISO- 
Charges    incurred    under    section    5,  titl« 

XVIIl,  to  be  paid  by   XVIII    5  295- 

Claims  against  city,  duties  of  in  regard  to   XXlI    30  363- 

Contracts  : 

accounts  of  liabilities  incurred  under  to  be 

kept  by   IV       23  61 

copies  of  to  be  filed  iu  office  of   IV        26  62 

false  indorsement  of  by,  liabilities  incurred 

under   XVIII     3  294^^ 

indorsement  of  by   XVIII    3  294 

statements  relating  to,  to  be  rendered  by 

to  common  council  wh«n  required  .    IV        23  61 

Creditors,  officers  and  employees  of  corpora- 
tion, mode  of  payment  of,  prescribed  by.  ...    IV         1  53 
Duties  of  office  of,  person  to  perform  to  be  ap- 
pointed by  mayor  in  certain  cases   XVIII    3  294 

Elections,  requisitions  to  be  made  upon  for  ex- 
penses of   XX       26  324 

Fees,  fines  and  penalties  received  by  attorney 

and  counsel,  accounts  of  to  be  rendered  to . .    IX  1  95 

finance,  head  of  department  of   IV  1  53" 

Finunces  of  corporation,  subject  to  ordinances 

of  common  council   IV         1  63 

management  of  by   IV         1  53' 

plans  relating  to,  to  be  communicated  to 

common  council  by   IV        29  63 

Financial,  affairs,  statement  of  to  be  rendered 

common  council  by   IV         1  53 

concerns  of  corporation,  annual  statement 

of  to  be  prepared  by   IV         1  53 

Indebtedness,  certificates  for  the  payment  of 
state  and  county  taxes,  authorized  to  be  is- 
sued by   IV        30  63 

Land,  sold  for  assessments,  etc.,  notice  of  sale 

of  to  be  served  by   VIII       4  82 

Local  improvements,  contracts  for,  copies  to  be 

filed  with   XIX     13  302 

contracts  for,  haw  payments  made  upon . .    XIX     16  303^ 
payabla  in  installments,  abstract  of  assess- 
ment for,  to  be  furnished  to  by  collector    VII        7  71 
Night  medical  service,  to  pay  fees  of  physicians 

for  services  in   XII      10  140 

Moneys  : 

excise,  portion  of  to  be  paid  to  police 

pension  fund   XI        41  123 

manner  of  paying  to  treasurer  by  officers 

of  city,  when  may  be  directed  by   VI         1  67 

officers  receiving,  to  account  to  for   VI         1  67 


...     ...       ..  ...  Title.    Sec.  Pag©. 

j)ayments/  duplicate,    refund  of   to  be 

•  charged  to  proper  account  by.  ........    X  13  103 

receipts  fbr  payment  of  to  treasurer,  to  be 

filed  with.  V.   VI         3  68 

received,  by  ■  city  clerk,  return  of  to  be 

*  made 'under  oath  to   II  6  25 

redemptibn,  checks  for  payment  of,  to  be 

countersigned  by   VI         1  68 

"^''^  IV       22  61 

.  ^ ,        redemption,  to  be  drawn  on  check  couuter- 

sign^'by   IV        12  57 

"'^  Oath,  in  certain  cases  may  be  administered  by.    IV         1  53 

Obligations  to  be  signed  by   Ill       11  ,49 

to  prescribe  form  of   IV         4  54 

<!  ;  Ofl&ce  of,  office  of  record,  laws  applicable  to.  .    XXII      3  345 
,  Officers  neglect  of  to  deposit  in  treasury,  to 

notify- mayor  qf.   .  ,   IV        27  63 

i..;  Police  and  excise,  meaiV»ers  of  department  of, 

!  •      certificate  to  pay,  issued  by    XI         4  108 

Police  justices,  appointment  of    XXI     11  342 

r .         vacancy  in  office  of,  filling  of    XXI      12  343 

Police  pension  fund,  money  deducted  from  i)ay 
of  members  of  department  of  police  and 
excise  for  lost  time,  to  be  paid  to  trustees  of 

by   XI       41  123 

Prospect  park,  bonds  for  amount  to  be  raised 

each  year  for   XVI       9  269 

Record  to  be  kept  in  office  of,  open  to  public 

inspection    XVI     23  282 

Registrar  of  Arrears  : 

moneys  and  checks  received,  return  of,  to 

be  made  to,  by   VIII     13  87 

monthly  report  to  be  made  by  to    VIII     13  87 

neglect  of  to  make  payment  to  treasurer  as 
required  by  law,  mayor  to  be  notified 

of  by   VIII     13  88 

receipt  of  treasurer  for  moneys  collected 

by,  to  be  filed  in  office  of   VIII     13  88 

return  and  books  of  to  be  kept  and  ren- 
dered in  form  piescribed  or  approved  by    VIII     13  87 
to  be  charged  with  certain  amounts  by ...  .    IV        20  60 
to  be  credited  witli  certain  amounts  by .  ..    IV        20  60 
Rents  from  property  under  no  other  custody, 

to  have  charge  of  collections  and  payments  of    IV        26  62 
Sale  of  land  purchased  by  city  at  arrears  sales, 
certificate  of  may  be  assigned  by  with  assent 

of  mayor    VIII      4  82 

Salaries,  not  to  be  paid  by  in  certain  cases   III         4  46 

Salaries  of  members  of  police  force,  to  deducl 

portion  of  for  police  pension  fund    XI        41  123 

Sinking  fund,  account  of  to  be  kept  by   IV        19  60 

Sinking  fund  commissioner,  to  be  a   IV        16  59 

Sinking  fund  commissioners  to  appoint  clerk 

in  his  office  to  act  as  secretary  to   IV        17  59 

to  have  custody  of  securities,  books  and 

papers  of   IV        16  59 

to  preside  at  meetings  of,  in  absence  of 

mayor   IV       17  59 


r 


INDEX.  35 
Title.    See.  Page. 

Street  openings,  awards  for  damages  in,  to  be 

paid  by   XIX     32  311 

Streets,  dangerous,  repair  of,  charges  for  to  be 

paid  by   XVIII    2  294 

Taxes : 

to  cause  amount  of  deficiencies  in  personal, 
and  on  land  imperfectly  described  to  be 

inserted  in  annual  tax  levy   VIII     19  90 

to  charge  or  credit  collector  of  with  cer- 
tain amounts   VII        1  69 

to  compare  amounts  received  by  collector, 

with  lists  in  his  office   VII        1  69 

to  pay  to  county  treasurer  taxes  raised  by 

city  for  state  and  county  purposes   IV        30  63 

unpaid,  to  credit  collector  with  amount  of    VII      12  74 
Taxes  and  assessments,  errors  in  laying  of,  cor- 
rection of  to  be  certified  to  by   X         10  102 

Tax  certificates,  to  sign  and  issue   VIII     18  89 

Tax  rollf,  copies  to  be  sent  to   VII        6  71 

Tax  sales,  to  countersign  checks  for  payment 

of  redemption  moneys  on   VIII     16  89 

Tax  sales  to  have  care  and  custody  of  property 

bought  by  city  at  *    Vni       4  82 

Tax  sales  when    money  to  pay  expenses  on 

property  bought  by  city  at,  to  be  taken'  from    VIII       4  82 

Term  of  office  of   IV         1  53 

Treasurer,  manner  of  making  return  of,  to  be 

directed  by   VI         1  67 

Treasurer,  receipt,  form  of,  to  be  prescribed 

and  approved  by   VI         3  68 

Vacancy  m  office  of,  how  filled   Ill         3  44 

Vouchers  for  expenditure  of  money  to  be  ap- 
proved by   V  2  65 

to  be  filed  in  office  of   V  2  65 

Ward,  aggregate  amount  of  arrears  due  from 

each,  collector  to  notify  of   VII       14  76 

"Warrants,  to  be  signed  by   VI         1  67 

Warrants  for  collection  of  taxes  and  assessments 

to  be  signed  by   VII         9  72 

Water  sinking  fund,  to  be  commissioner  of ... .    XV        5  237 
Water  income,  deficiencies  in  estimate  of  to  be 
transmitted  to  board  of  estimate  by   XV        7  238 

Concourse. 

Lands  of,  grant  of  to  railroad  comj)anies  prohi- 
bited -   XVI  17  277 

Maintenance  of  to  be  a  charge  upon  city   XVI  2  266 

Kailways,  restrictions  as  to   XVI  16  276 

Constables. 

Election  and  duties  of   Ill       14  51 

Contracts. 

Award  of  to  lowest  bidder   XVIU  1  293 

Award  of  to  other  than  lowest  bidder   XVm  1  293 

Common  Council: 

certain,  to  be  under  control  of   XVIII  1  293 

not  to  enter  into  certain   IV  25  62 


36 


INDEX. 


Title.    Sec.  Page. 

Discharged  out  of  money  raised  by  tax,  or  bor- 
rowed during  year  in  which  entered  into          IV       25  62 

Filing  of  in  office  of  comptroller-   IV       26  62 

Fire  department,  supplies  for   XVIII    6  295 

Gas  for  supplying  lamps,  what  to  be  provided 

in   XVIII    4  295 

Local  improvements: 

amount  of  liabilities  under  limited   XIX       8  300 

certain  copies  of  for,  to  be  filed  with  comp- 
troller  XIX     13  302 

certification  of   XVHI    1  294 

(except  sewers)  not  to  be  entered  into  un- 
less estimated  cost  first  submitted  to 
common  council  by  commissioner  of  city 

works   IV       23  61 

when  authorized   XIX       8  300 

Lots,  digging  down,  draining  or  filling  of,  cer- 
tificate of  comptroller  as  to  assessment  fund    IV        24  61 

Lots,  vacant,  fencing  of   IV       24  61 

Making  of,  provisions  as  to   XVIII    1  293 

Non-fulfillment  of  certain,  forfeitures  for. .  II  19  35 
Proposals,  certain  work  to  be  done  without 

calling  for   XVIII    5  295 

Sidewalks,  flagging  or  reflaggging,  comptroller 
to  certify  mone3'  in  assessment  fund  applica- 
ble to  before  made   IV        24  61 

Signing  or  executing  by  officers  in  contraven- 
tion of  provisions  of  title  IV,  a  misdemeanor    IV        23  61 
Supplies,  when  may  be  purchased  without  ap- 
proval of  common  council   XVIII    5  295 

Validity  of,  requirements  as  to   XVIII    3  294 

Corporation  Counsel. 

See  "  Attorney  and  Couusel." 

Connty. 

City  tax,  pro  rata  proportion  of  to  be  paid  to 

monthly   IV        30  63 

State  tax,  time  to  pay  into  state  treasury  not 

changed   IV        30  63 

Taxes  for,  comptroller  may  issue  certificates  of 

indebtedness  to  meet  deficiency  in   IV        30  6S 

Taxes  for  state  and  county  purposes,  com- 
ptroller to  pay  to  county  treasurer   IV        30  63 

Courts. 

See  "Justices  of  the  Peace"  and  "Police  Justices." 

Creditors  of  the  Corporation. 

Mode  of  payment  of,  comptroller  to  prescribe..    IV         1  53 

Criminal  Courts. 

Jurisdiction  of  in  cases  of  arrest  upon  waters, 

piers,  etc   XI       24  117 

Criminal  Process. 

Who  may  serve  in  city   XI        19  115 


INDEX.  3T 
Title.    Sec.  Paije. 

Crosswalks. 

Common  council  to  repair,  expense  of,  how 
charged   XVIH    2  394 

Curbs. 

Common  council  to  set  and  re-set,  expense  of, 
how  charged    II        12  30 


D. 

Dangerous  Materials. 

Storage  and  sale  of  regulated  by  common  coun- 
cil  n        12  28 

Bead. 

Bemoral  and  burial  of,  commissioner  of  health 
to  act  in  matters  pertaining  to   Xn       2  13S 

Deaths. 

Registration  of   Xn       2  135 

Debt. 

Debts  of  departments  and  officers  to  be  paid 

only  on  vouchers   IV         1  5S 

lHoue  to  be  created  by  common  conncil  against 
city  except  by  ordinance  or  resolution  spe- 
cifying object  and  amount  of  expenditure. ..    U         9  26 

Default 

To  be  charged  on  payment  of  taxes,  assess- 
ments and  water  rates   YII      10  72 

Degraw  Street. 

Buildings  on  certain  portions  of.  regulated. . . .    XVI     14  275 

Department  of  Arrears. 

Registrar  of  arrears  to  be  head  of   VIU       1  77 

T>ixes,  assessments  and  water  rates  unpaid, 

management  and  coutrol  of  matters  relating   

to  vested  in   Vm       1  77 


See  '^Registbab  of  Abbeabs"  and  "Taxes,  Assessments  akd  Wateb 

Rates." 

Department  of  Assessment. 

Assessors  appointed  by  mayor,  salary  of,  terms 


of  office  of   X  1  97 

Assessors,  board  of  to  constitute   X  1  97 

President  of  board  of  assessors  to  be  head  of, 

to  preside  at  meetings   X  2  98 


See  *  •  AssEssoBS  "  "  Local  Impbovembkts." 


38. 


INDEX. 


Title.  Sec.  Page. 

Department  of  Audit. 

See  "Auditor." 

Department  of  Buildings. 

See  "  Buildings." 

Department  of  City  Works. 

Animals,  dead,  contracts  for  remo"val  of             XII  7  137 

Xlt  8  138 

Buildings,  mins  of,  removal  of  debris  from  by   XIV  31  217 

Bureaus  in                                                      XV  2  234 

Commissioner  of,  appointment,  duties,  etc.  of    XV  1  233 

Contracts,  duties  of  in  regard  to                         XVIII  1  293 

Enyiueer,  chief  in                                            XV  2  234 

Garbage,  removal  of,  contracts  for,  how  made.    XII  7  137 

XII  8  138 

Head  of,  commissioner  of  city  works                   XV  1  233 

Hi'spital  for  contagious  diseases,  site  of,  how 

selected                                                       XII  12  142 

Hydrants,  commissioner  may  cause  to  be  placed 

in  streets                                                     XV  17  244 

Improvements,  under  sole  control  of                   XV  51  264 

Local  improvements: 

commissioner  to  certify  proceedings  in 

laying  assesments  for                               VII  6  71 

estimate  of  cost  to  be  submitted  to  com- 
mon council,  (exception)                          IV  23  61 

proceedings  for,  to  be  certitied  by                XVIII  1  294 

;     Night  soil,  removal  of ,  contracts  for,  how  made    XII  7  137 

XTI  8  138 

Offal,  removal  of,  contracts  for                          XII  7  137 

XII  8  138 

Office  of  record,  laws  applicable  to  as                  XXII  3  345 

Plumbers,  license  of,  security  may  be  required 

from  by  '                            XV  18  244 

Powers  of,  subject  to  control  of  common  coun- 
cil                                                           XV  51  264 

Sewers,  auxiliary,  duties  of  relating  to                XV  27  248 

XV  28  248 

XV  29  249 

XV  30  250 

construction  and  maintenance  of                  XV  1  233 

cost  of,  to  estimate                                    XV  37  256 

duties  of  in  relation  to,  plans  for                 XV  26  248 

extension  and  completion  of,  plans  for  to 

be  devised  by  commissioner                     XV  25  246 

plans  of,  changes  in,  proceedings                XV  49  263 

proceedings  to  acquire  right  to  lay  in 

unopened  streets                                    XV  32  252 

regulations  for  use  of,  presoribed  by  com- 
missioner                                            XV  42  258 

superintendent  of                                   XV  2  235 


INDEX.  ;'9|9 
Title.    Sec.  Page. 

Streets: 

cleaning  of,  powers  and  duties  of  commis- 
sioner relating  to        XV       47  261 

See  ' '  Stbeets  " 

dangerous,  to  repair,     XVIII    2  294 

repair  of,  duties  of  commissioner  in  rela- 
tion to   XV       50  263 

superintendent  of    XV        2  235 

Supplies,  superintendent  of   XV        2  235 

Water: 

proceedings  m  relation  to,  commissioner 

to  cause  to  be  prosecuted  or  defended. . .    XV       21  245 

use  of,  commissioner  of  to  make  regula- 
tions, liceusing   .    XV       16  244 

See  Water." 

Water  purveyor,  in  •   XV        2   ■  234 

Water  rates: 

arrears  of.  commissioner  of  to  notify  comp- 
troller of   XV        9  239 

books,  annual,  commissioner  to  make  up. .    XV        9  239 
time  of  payment  of  to  be  fixed  by  com- 
missioner  .'   XV       16  244 

:See  *'  Water  Rates "  and  "Taxes,  Assessments  and  Water  Rates." 

Water  registrar   XV        2  235 

Water  rents,  collected  by   XV        4  236 

Water  wor  s: 
commissioner  of,  charged  with  management 

of   XV       10  239 

conditions  of,  coanuissioiier  of,  to  report  to 

common  council   XV       22  246 

expense  of  acquiring  land  and  water,  com- 
missioner of  to  draw  on  comptroller  for    XV       15  243 
extension  of,  comiuibssioner  of  to  putchase 

land  for     XV       11  240 

See    Water,"  "SEWEits,"  "Streets." 

Department  of  Collection. 

See  • '  Collector  of  Taxes  and  Assessments  "  and  *  •  Taxes,  Assess- 
ments and  Water  Rates.  " 

Department  of  Finance. 

Comptroller  to  be  head  of   IV  1  53 

See  "  Comptroller.  " 

Department  of  Fire. 

Apparatus  for,  common  council  to  supply  ...  .    XIII       3  145 
interference  with  without  authority  a  mis- 
demeanor  XIII       8  148 

Assi«5tance,  New  York  fire  department  may  be 

called  upon  for,  expense  of,  how  paid. .....    XIII     10  14^ 

Badges,  members  of  required  to  wear   XIII       9  148 

Bell  ringers,  commissioner  to  appoint  .    XIII       5  146 

salaries  of  how  fixed   XIII-    6  147 

Buildings,  examination  of  by  commissioner, 
penalty  for  refusing  to  obey  directions  of 

comij.issioner   .•   XIII     18  163 

ordered  destroyed,  compensation  for,  how 

recovered   XIII     13  150 

whein  may  be  destroj'ed  at  fire. . ... .  .•. . . .    XIII  -  12  •  ■  150 


40  ^  LNDEX. 

Title.    8e^.  a«e. 

Certiorari  to  review  removal  from   XL      15  115 

Clerks,  fire  commissioner  to  appoint   XIII      5  146 

Drivers,  fire  commissioner  to  appoint   XIII      5  146 

salary  of   XIII      6  146 

Dwellings,  examination  of  by  commissioner, 
penalty  for  disobeying  directions  of  commis- 
sioner   XIII     18  163 

Employees  in,  to  be  under  control  of  commis- 
sioner, to  perform  duties  imposed  by  com- 
missioner  XIII      5  146 

Engineer,  chief,  commissioner  to  select,  com- 
pensation of  '.   XIII      5  146 

Engineers,  assistant,  commissioner  to  select, 

compensation  of   XIII      5  146 

salaries  of,  bow  fixed,  grades  of   XIII      6  146 

Fines  imposed  on  meujberf>  of  to  constitute  part 

of  firemen's  insunuice  fund   XIII     14  Ifi* 

Fire  commissioner,  appointment  of   XIII       1  145 

firemens'  iusurauce  fund,  to  be  a  member 

of  boaid  of  trustees  of   XIII     14  150 

fires,  origin,  management  and  investigation 

of  by   XIII     17  153 

salary  and  term  of  ofl&ce  of   XIII       1  145 

Fire  escapes  : 

firemen  to  report  encumbrances  on   XIV     28  204 

persons  permitting  encumbrances  to  be  no- 
tified by   XIV     28  204 

Firemen's  insurance  fund  : 

license  fees  to  constitute  part  of   XIII     1 9  157 

penalties  to  form  part  of   XIII     22  162 

XIII     18  164 

trustees,  board  of,  who  shall  constitute, 

pi.wers  and  duties  of   XIII     14  15ft 

what  to  consist  of   XIII     14  150 

who  entitled  to  receive  pension  from   XIII     15  151 

when  pensions  may  be  ordered  to  cease. .  XIII     15  151 
Fire  marshal  : 

appointment  of,  oflBce  of  to  be  at  head- 
quarters of  fire  deparlment,  salary  of, 

term  of  office  of,  vflcancy  in  office  of. .  .  XIII     18  158-60 

commissioner  to  detail  members  of  depart- 
ment to  assist   XIII     21  160-2 

gas  jets  and  inflammable  substances,  duties 

of  as  to   XIII     22  16'2 

investigation  by,  proceedings  in   XIII     20  159-60 

investigation  bv,  commissioner  to  supervise 

and  direct..  !^   XIII     21  160-2 

police  detail,  of  t )  assist   XIII     21  160-2 

powers  and  duties  of   XIII     19  158 

XIII     20  159-60 

Force  for  extinguishing  fires,  members  of  not 

to  be  removed  without  cause   XIII       9  148 

Foreign  insurance  companies,  ax  on  to  consti- 
tute part  of  firemen's  insurance  fuud   XIII     14  150 

Foremen,  commissioner  to  appoiut   XIII      5  146 

Head  of,  how  appointed,  term  of  office  of, 

salary  of.:   XIII      1  145 

Horees  for,  common  council  to  supply.   XIII      3  145 


INDEX.  41 
Title.    Sec.  Page. 

Hydrants,  inspection  and  regulation  of,  how 

provided  for   XIII      2  145 

Inflammable  substances,  commissioner  to  regu- 
late   XIII     22  162 

Inspectors,  commissioner  to  appoint   XIII      5  146 

Investigation  of  origin  of  fires.    ...    XIII     17  153 

License,  fees,  attorney  and  counsel  to  sue  for  .    XIII     19.  157 
commissioner  to  collect,  to  be  paid  to  credit 

of  firemen's  insurance  fund   XIII     19  157 

Members  of,  names  to  be  enrolled,  not  liable 
to  military  or  jury  dutv  while  performing 

duty  *   XIII      8  148 

pay  of  when  may  be  forfeited  punishment 

of,  when  may  be  inflected   XIII       9  148 

New  York,  fires  in,  when  attendance  at  may  be 

called  for,  expenses  of,  how  paid   XIII     10  149 

Officers  in,  commissioner  to  appoint   XIII      5  146 

Penalties,  certain  to  constitute  part  of  fire- 
men's insurance  fund   XIII     14  150 

imposed  by,  attorney  and  counsel  to  sue  for   XIII     22  162 

XIII     18  164 

Persons  not  members  of,  wearing  uniform  of, 

guilty  of  misdemeanor   XIII       8  148 

Petroleum  : 

commissioner  to  make  regulations  as  to 

storage  and  sale  of   XIII     18  155 

license  for  retail  sale  of,  where  to  be  ob- 
tained  XIII     18  155 

Police  attendance  to  be  provided  at  fires   XI       25  117 

Property  of,  interference  with  a  misdemeanor..    XIII     8  148 
when  not  required,  how  disposed  of,  pro- 
ceeds of  sale,  how  disposed  of   XIII      4  145 

Promotions  for  bravery,  recommendations  for 

mayor  to  approve   XIII     18  162 

list  of   XIII     18  162 

Protection  against  fire,  commissioner  to  provide 
for,  persons  committing  ny  crime,  arrest  of.    XIII     11  150 

Regulations,  commissioner  to  make   XIII      9  148 

persons  violating  any  at  fire,  commissioner 

to  provide  for  arrest,  rules  as  to   XIII     11  150 

Removals  from,  causes  for  reprimand   XIII      9  148 

Rewards  f 

commissioner  may  permit  member  of  to 
retain,  retaining  rewards  without  notice 

may  be  cause  of  removal   XIII     16  153 

commissioner  may  dispose  of  for  benefit 

of  firemen's  insurance  fund    XIII     16  153 

to  constitute  part  of  firemen's  insurance 

fund   ...    XIII     14  150 

Right  of  way  at  fires,  who  shall  have   XIII      7  147 

Ruins,  examination  of,  rescuing  bodies  from, 

means  for  providing   XIV     31  217 

Salaries,  not  to  exceed  amount  appropriated  for   XIII      H  146 
Secretary,  commissioner  to  select,  compensa- 
tion of  pi  ivileges  of   XIII      5  146 

Superintendent  of  repairs  to  fire  apparatus, 

commissioner  to  select,  compensation  of ... .    XIII      5  146 


42 


INDEX. 


Title.    Sec.  Page. 


Supplies  for,  common  council  to  provide   XIII      3  145 

to  advertise  for  proposals  for  ki  certain 

cases   XVIII    6  295 

when  may  be  furnished  without  order  of 

common  council   XVIII    5  295 

Telegraphs,  common  coancil  to  supply,  loca- 
tion of   XIII      3  145 

Uniformed  members   of,  compensation  how 

fixed,  how  paid  .    XIII      6  147 

Uniforms,  members  of,  required  to  wear,  wear- 
ing of  without  futhority  a  misdemeanor  . .       XIII      9  148 

Vehicles,  examination    of   by  commissioner, 

penalty   XIII     18  163 

Vessels,   examination    of    by  commissioner, 

penalty   XIII     18  163 

Veterinary  surgeon'*,  salary  of.  subject  to  rules 
and  regulations     XIII      6  147 

Violation  of  fire  laws,  investigation  as  to,  pro- 
ceedings in   XIII     17  153 

Volunteer,  benevolent  fund  of,  board  of  esti- 
mate to  provide  for     II        29  10 

Widows  and  orphans  relief  fund,  who  entitled 

to  payment  from     XIII     15  152 

"Willful  obstruction  of  apparatus  or,  officers  of 

a  misdemeanor   XIII       7  148 


Department  of  Health. 

Ambulance  service   XII  2  135 

Animals,  dead,  contracts  for  removal  of   XII  7  137 

XII  8  138 

Buildings,  unfit  for  habitation,  vacation  of . . . .  XIV  54  231e 

Business,  detrimental  to  health,  prohibition  of  XII  6  136 

Cellars,  regulation  of   XIV  59  231 A 

Contagious  diseases,  hospital  for  

employees  in,  appointment  of    XII  12  142 

patients,  what  admitted   XII  12  142 

physicians,  in  appointment  of   XII  12  142 

site  for,  selection  and  purchase  of   ......  XII  12  142 

Drainage  : 

plans  for,  approval  of  filing  of   XII  9  138 

violation  of  provisions  in  regard  to,  injunc- 
tion to  restrain   XII  9  138 

Employees  in,  appointment  and  compensa- 

:          tionof   XII  2  135 

XII  4  136 

Expenditures,  incurred  in   XII  4  136 

appropriation  for   XII  4  136 

Garbage,  removal  of  : 

contracts  for   XII  7  137 

XII  8  138 

Health  commissioner,  to  be  head  of   XII  1  135 

Lodging  bouses  : 

powers  as  to   XIV  53  231e 

regulation  of   XIV  59  231^ 

ventilation  of   XIV  59  231 A 

Night  medical  service,  provisions  for   XII  10  138 


INDEX.  4^ 
Title.    Sec  Page. 

Night  soil,  removal  of  ; 

contracts  for   XII        7  137 

XII        8  138 

Offal,  removal  of ; 

contracts  for   XII        7  137 

XII        8  138 

Oflficers : 

appointment  and  compensation  of   XII        4  136 

■  ordinances,  to  enforce   XII        2  135 

Ordinances  : 

ameudmfnt  of,  provisions  as  to    XII        3  135 

commissioner  to  prepare  and  submit  to 

common  council   XII        3  135 

enforcement  of,    commissioner  charged 

with,  oflBcprs  for.   XII        6  336 

execution  of  by  commissioner   XII        3  135 

Peril  to  public  health,  measures  to  prevent  ....  XII        5  136 

Pestilence,  measures  to  prevent   XII        5  136 

Plumbers  : 

'  registry  of     XII        9  138 

injunction  to  prevent  carrying  on  busi- 
ness without   ....  XII        9  138 

misdemeanor,  carrying  on  business 

without   XII        9  138 

plans  for,  approval  of   XII        9  138 

filing  of   XII        9  138 

'■  violation  of  provisions  relating  to, 

injunction  to  restrain   ....  XII        9  138 

to  be  a  iiiihdemeanor   XII        9  138 

Register  of  records,  appointment  and  compen- 
sation of   XII        4  136 

Register  of  vital  statistics,  duties  of  as  to  night 

medical  service   XII       10  13l> 

•      Rules  and  regnlations,  enforcemei.t  of   XII        6  136 

Secretary,  appointment  and  compensation  of . .  XII  4  136 
Sanitary  superintendent,  appointment  and  com- 

pensation  of   XII        4  136 

Tenement  housf  s  : 

powers  as  to   XIV      53  231^ 

ventilation  of,  regulation  of  by   XIY      59  231/f 

Vital  statistics,  inspector  of,  appointment  and 

compensation  of   XII        4  136 

Department  of  Law. 

Attorney  and  counsel  to  be  head  of   IX         1  95 

See  "  Attorney  and  Counsel." 

Department  of  Parks. 

.      Agreement,  action  for  damages  for  breach  of, 

may  bring   XVI      2  267 

Amount  to  be  expended  by,  limited   XVIII    1  293 

Animals  at  large,  impounding  of   XVI       2  267 

Assemblages,  obstructing  police  to  suppress  .  XI  25  117 
Assessraentt',    certain  annual,    statement  of, 

money  to  be  raised  on  property  outside  city    XVI     25  283 
1      Assessments  laid  on  city  property,  annual  state- 
ment and  estimate  of  to  be  made  to  common 
council   XVI     24  282 


44  INDEX. 

Title.    Seo.  Paee. 

Clerks,  etc.,  power  to  appoint   XVI       2  266 

Commissioner  of  paiks,  contracts,  certain  not 

to  be  entered  into,  penalty   XVI       5  268 

head  of  department  of,  ap).  ointment  of, 

duties  of,  salary  of   XVI       2  265 

Concourse,  control  of   XVI       2  266 

lands  of,  grant  of  to  railroad  compxnies 

prohibited   XVI     17  277 

maintenaice  of,  charge  upon  city   XVI       2  266 

steam  and  horse  railways  on,  prohibited. .    XVI      16  276 
Coney  Island  Plank  Road, 

improvement  of  portion  of,  commissioners 
of  estimate  and  assessment,  contractors, 

paymeut  of    XVI     22  281 

improvement  of  portion  of,  contracts  for..    XVI     22  281 
improvement  of  po  tion  of,  expenses  of, 
district  of  assessments,  to  be  a  lien,  col- 
lection of   XVI     22  281 

Debt  or  liability,  how  created  by   XVI       6  268 

Degraw  street,  buildings  on  certain  portions  of 

regulated     XVI     14  275 

Devises,  bequeaths  etc.  certain  under  control  of  XVI  12  274 
Douglass  street,  buildings  on  ce  tain  portion  of 

regulated,   busiuess,  on  certain  prohibited    XVI     14  275 
Eastern  parkway,  buildings  on,  regulation  of, 
business  certain  prohibited  on,  court  yards 

on,  regulation  of   XVI     14  276 

East  Side  lands,  provisions  relating  to   XVI     10  270 

Engineers,  power  to  appoint   XVI       2  266 

Fences,  erection  of   XVI      2  266 

Fifteenth  street: 

improvement  of,  assessment  to  include 
amount  certified  to  common  council  as 

to  amount  expended  for   XVI     19  278 

Fountains,  location  of   XVI       2  266 

Franklin  avenue,  railroads  on  certain  portion 

of,  limitations  as  to  motive  power   XVI     13  274 

Gardens,  control  of,  management  of   XVI     12  274 

Moneys,  receipts  and  expenditure  of  for  use 

of,  how  provided   XVI       3  268 

required  for  park  purposes  to  be  included 

in  statement  to  board  of  estimate   XVI     18  277 

Museums,  to  be  under  control  and  management 

of   XVI     12  274 

Ninth  avenue,  improvement  of,  certificate  to 

comniun  council  as  to  amount  cercifi.d   XVI     19  278 

Ocean  avenue. 

railroads  on,  limitation  as  to  motive  power   XVI     13  274 
Ocean  parkway: 

buildings  and  court  yards  upon  regulated  XVI  15  275 
power  to  govern  and  manage,  vested  in . .  XVI  2  266 
maintenance  of  to  be  a  charge  upon  city . .  XVI  2  266 
railroads,  horse  on,  not  to  be  constructed 

without  permission  of  commissioner  of 

parks   XVI     16  276 

railroad  crossings  at,  crossing  by  steam  at 

grade  prohibited  .  ..•   XVI     16  276 

railroad  crossings  at,  proviso  as  to  existing  XVI  16  277 
streets  intersecting,  under  control  of   XVI      2  266 


f 


INDEX.  46 
Title.    See.  Pa^e. 

Ordinance: 

animals  at  large,  seizing  etc. ,  penalty  how 

enforced   XVI       2  i67 

enforcement  of,  penalties  for  violation  of  XVI  7  268 
offense  against,  misdemeanor,  punishment 

of   XVI       7  268 

penalties,  for  breach  of   XVI       7  268 

power  to  make   XVI       2  266 

Parade  ground : 

assessment  for,  statement  of  to  be  made 
annually  to  supervisors,  to  be  raised  in 

county  tax   XVI     25  283 

to  have  charge  and  management  of.'   XVI       2  267 

Parks  : 

government   and  control  of,    vested  in, 

powers  of  relating  to   XVI       2  265 

injuries  to  property,  action  for  •   XVI       2  267 

laying  out  etc   ..    XVI       2  266 

matters  connected  with,  regulation  of  by 

common  council   IV         12  28 

proceedings  for  opening,  widening,  alter- 
ing, or  closing,  attorney  and  counsel  to 

have  charge  of   IX  1  95 

pro,  erty,  actions  in  relation  to  injuries  to  XVI  2  267 
Parkways,  government  and  control  of  vested  in  XVI  2  265 
Plaza,  assessment,  collection  of,  how  applied    XVI     20  278 

Police  force,  power  to  appoint   XVI       2  266 

President  street, 

buildings  on  certain  portion  of,  regulated, 
business  certain  on,  prohibited,  court 

yards  on  prohibited   XVI      14:  275 

Property  may  be  granted  or  devised  to  city  for 

certam  purposes,  to  be  under  control  of  •   XVI     12  274 

Prospect  Park ; 

bonds  issued  for,  interest  on,  how  raised 

sinking  fund  for  created   XVI       9  269 

payment  of  principal  and  interest  on 

to  be  a  tax  on  certain  wards   XVI       9  269 

records  of   to    be  kept   by  mayor, 
comptroller  and  city  clerk,  to  be 

open  to  inspection   XVI     23  282 

buildings  in,  leasing  of    XVI       2  267 

circles  at  angle  of,  limitation  as  to  motive 

power  of  railroads  crossing   XVI     13  274 

government  and  control  of  vested  iu   XVI       2  266 

lands  in,  improvement  of  prior  to  sale  of, 
map  to  be  filed,  monev  may  be  appropri- 
ated for  '  '   XVI     10  272 

lands,  sale  of  certain,  in.  authorized,  pro- 
ceeds from  how  applied,  sale,  restriction 

of  from   XVI     10  270 

materials  and  improvemeat  in,  sale  of   XVI       2  267 

plaza,  assessments,  collection  of  how  ap- 
plied  XVI     20  278 

public  places  defined   XVI       8  268 

society  of  friends,  purchase  of  lands  of,  to 
become  a  part  of   XVI     11  272 


46  INDEX. 


Title.  Sec.  Page. 

Railroid  tracks,  location  of  on  certain  streets  XVI  2  267 
Regulation  of  matters  connected  with,  by  com- 
mon council   II  12  '  28 

Report  to  be  made  annually  to  common  council  XVI  4  268 

Sidewalks  adjacent  to  parks,  improvement  of . .  XVI  2  2f'6 

Squares,  government  and  control  of  vested  in .  XVI  2  266 

Surveyors,  power  of  to  appoint   XVI  2  266 

Union  street: 

buildings  on  certain  portions  of  regulated  XVI  14  275 

Department  of  Police  and  Excise. 

Amusements,  places  of,  regulation  of  by  com- 
missioner  XI        63  132 

Arrests : 

bail  in,  provisions  of  revised  statutes  to 

apply  as  to   XI       20  115 

persons  to  be  taken  before  jjolice  justice. .    XXI      13  343 

returns  and  reports  of  to  be  made   XI        31  120 

waters,  piers,  etc.,  jurisdiction  cf  courts 

when  made  on   XI        24  117 

Boilers,  steam  : 

dangerous,  control  of  commissioner  over. .  XI  53  130 
engineer  of,  certificate  as  to  qualifications  of  XI  53  131 
inspection  of, 

certificate  of, 

contents  of   XI        52  129 

fee  for   XI        52  130 

renewal  of   XI        52  130 

commissioner  to  take  control  of  when 

not  reported   XI       54  131 

docks,  when  boilers  are  attached  to, 

subject  to    XI        52  129 

engineer  to  make   XI        52  129 

pressure  of  steam  to  be  limited  and 

certified   XI        52  129 

private  buildings,  provisions  as  to  not 

to  apply  to   XI       52  130 

record  of  to  be  kept   XI        23  130 

schools,  public,  provisions  as  to  not  to 

apply  to   XI        5  2  130 

test,  provisions  as  to   XI        52  129 

vessels,  when  boilers  are  attached  to, 

subject  to   XI        52  129 

inspectors  of   XI        54  131 

pressure  caused  to  be  applied  higher 

than  limit,  a  misdemeanor   XI        54  131 

superintendent  of   XI        54  131 

locality  of  to  be  reported  to  commissioner  .    XI        52  129 
Buildings,  public 

commissioner  to  make  regulations  for 

protection  of  life  in   XI        63  132 

Certiorari  to  review  removal  from   XI        15  113 

-Commissioner  of  police  and  excise  : 

appointment  of   XI         1  107 

head  of  department  to  be,  salary  of,  term  of 

office  of   XI         1  ,107 

mayor,  subordinate  to  in  times  of  danger..    XI         9  111 
police  pension  fund,  to  be  member  of  board 
of  trustees  of   XI       41  121 


INDEX.  47* 

Title.  Sec.  Page. 

'Counsel  : 

appointment  and  compensation  of                 XI  7  110 

Discipline,  breach  of ,  punishment  for .      i...    XI  15  113 


Elections  : 

ballot  boxes,  charge  and  custody  of  b\ 
commissioner  

duties  of  as  to  

canvass,  duties  of  as  to.  •  

filing  of  in  ofl&ce  of  

legal  effect  of  

returns  of  

statement  of   


Excise  : 

enforcement  of  provisions  of  laws  in  re- 
spect to    XI  62  132 

license,  fees  for  amount  of,  how  fixed  ....  XI  61  132 

form  of,  how  determined   XI  62  132 

granting  of,  provisions  as  to   XI  60-1-2  132 

regulations  as  to  pei-sons  licensed  ....  XI  61  132 
violation  of  laws  relating  to  to  be  re- 
ported to  law  department   XI  62  132 

manaf^ement  and  control  of  matters  relat- 
ing to    XI  3  107 

Expenses  of ,  payment  of   XI  13  112 

Fire  escapes  : 

encumbrances  on,  report  of  by  policemen.    XIV     28  203 
prosecution  of  persons  permitting  encum- 
brances on   XIY     28  203 

Generators,  steam, 

See  "  Boilers,  Steam,  ' Supi-a. 

Health  commissioner,  orders  of  to  be  executed 

by  commissioner  of   XII        4  136 

Members  of  : 

appointment  of   XI  7  110 

XI  4  107 

arrest  on  civil  process,  not  liable  to  when 

OB  duty    XI  32  120 

compensation,  not  to  receive  additional  ..XI  11  112 

gift  or  present  not  to  receive   XI  11  112 

jury  duty,  not  liable  to   XI  32  120 

military  duty,  not  liable  to   XI  32  120 

security  given   by,    common   council  to 

make  provisions  as  to   XI  36  121 

special  service,  detail  of  for     XI  41  123 

pay  f  jr  to  constitute  part  of  police 

pension  fund   XI  41  123 

subpoena  in  civil  cases,  not  liable  to  while 

on  duty    XI  32  120 

term  of  service,  how  determined  in  certain 

cases   XI  48  126 

who  shall  be   XI  4  107 


XI 

38 

121 

XX 

15 

328 

XX 

17 

329 

XX 

16 

329 

XX 

16 

329 

XX 

17 

329 

XX 

16 

329 

48 


INDEX. 


Title.    Sec.  Page. 

Money  : 

arrested  persons,  taken  from,  provisions 

as  to   XI    45-46  ]27 

crime,  taken  as  proceeds  of ,  provisions  as  to  XI  47  127 
intoxicated  or  insane  persot  s,  taken  from 

provisions  as  to    XI  47  127 

lost  or  stolen,  etc.,  advertisement  of    XI  47  127 

custody  of  by  commissioner   XI  49  128 

evidence  to  be  «sed  as   XI  49  128 

police  pension  fund,  to  constitute  part  XI  41  122 

registry  of  to  be  kept   XI  44  126 

record  of  receipt  and  expenditure  of  to  be 

kept  by....   XI  34  120 

Night  medic  •!  service  : 

application  for  service  in   XII  10  138 

names  of  to  be  submitted  to  registrar  of 

vital  statistics   XII  10  139 

posting  of  on  bulletin   XII  10  139 

physicians  in,  duties  of   XII  10  140 

'  payment  of   XII  10  140 

support  of,  board  of  estimate  to  provide 

amount  necessary  for    XII  11  142 

Oath  of  ofl&ce,  employees  of  to  take   XI  36  121 

Police  force  : 

absence  from  duty  on,  to  be  deemed  resig- 
nation   XI  14  113 

appointment  of  members  of   XI  4  107 

qualifications  of   XI  13  113 

warrant  of  to  be  issued  to  member. . .  XI  35  120 
arrests  : 

conveyance  of  persons  arrested  before 

magistrate   XI  28  119 

penalty  for  neglect    XI  28  119 

laws  and  ordinances,  persons  viola- 
ting to  be  arrested   XI  25  117 

neglect  to  make,  a  misdemeanor  ....  XI  29  119 

record  of  to  te  kept   XI  34  120 

Sunday,  persons  arrested  on  to  be 

taKen  before  magistrate  for  bail   XI  30  120 

warrant,  to  arrest  without  in  certain 

cases   XI  28  119 

auctioneers,  premises  may  be  examined  by  XI  26  118 

supervision  of  by                            ...  XI  26  117 

basins,  may  make  arrests  in    XI  24  117 

boiler  inspectors,  appointment  of   XI  54  131 

rights  and  privileges  of*   XI  54  131 

bridge  keepers,  appointment  of   XI  64  133^ 

duties  of   XI  64  133 

rights  and  privileges  of   XI  4  107 

bulkheads,  may  make  arrests  on   XI  24  117 

captains,  appointment  of   XI  7  110 

supervision  by  over  certain  pursuits . .  XI  26  117 

compensation  of  members  of   XI  10  111 

deductions  from   XI  5  108 

complaints  against  members  of,  record  of 

to  be  kept    XI  34  120 

judgments  on  by  commissioner,  record 

of  to  be  kept   XI  34  120 


INDEX.  4?^ 

Title.    Sec.  Page. 

coDstables,  members  of  to  possess  .certain,  ;: 

powers  of  in  state    •  X.I:  •    20  115^ 

criminal  process,  to  be  served  by  members  ■.  ■ 

of   XI        19  11 

detective  sergeants,  number  of  to  be  ap- 
proved bv  mayor    XI        ,4  107 

rank  and  promotion  of   XI         6  109 

salary,  bow  fixed                            .,.  .,  ..XI  _  6  109 

duties  of  members  of   .XI     25-6  117 

elections,  polling  places,  commissioEer  to 

detail  patrolmen  to   XI.       37  121 

structures  within  certam  distance  o£ 

to  be  removed  by                              XI  39  121 

excise  laws,  violation  of,  to  arrest  persons 

engaged  In     XI        59  151 

fines  imposed  upon  members  of,  to  consti- 
tute part  of  police  pension  fund   XI        41  r.]^l'22 

gambling  bouses,  persons  found  in  mav  be 

arrested  by   XI        27  118 

implements  in  to  be  seized  and  de- 
stroyed   XI        27  118 

gifts,  etc.,  to  members  of,  to  constitute 

part  of  police  pension  fund .  ,   XI        41  122 

grades  of  members  of   XI  5  ,  1^8 

harbor  masters,  patrolmen  to  act  as  iu  cer- 
tain cases  ..  XI         8  110 

insignia  of  members  of,  unauthorized  use 

of,  a  misdemeanor   XI        29  119 

inspectors,  number  of  to  be  approved  by 

mayor   XI         4       ]  07 

salary  of,  how  fixed   XI         6  109 

supervision  by  over  certain  pursuits..  XI  26  117 
interference  with  members  in  discharge  of 

duty  a  misdemeanor   XI        26  118- 

intelligeuce  oflices  : 

premises  may  be  examined  by    XI        26  117 

supervision  by    XI        26  117 

intoxication,  arrests  for,  duties  of  mem- 
bers of  in  relation  to   XI       .59  131 

junk  boatman,  supervision  by   XI        26  117 

junk  shop  dealers,  premises  may  be  ex- 
amined by   XI        26  118 

supervision  by   XI        26  118 

"  list  of  honor  "  for  meritorious  services..  XI        66  133 
lewd  purposes,  houses  kept  for,  arrests  in.  XI       .27  117 
lost  time,  money  deducted  for  co  consti- 
tute part  of  police  pension  fund   XI        41  123 

money  deducted  for  to  constitute  part 

of  "reward  fund."   XI        51  12& 

lottery  tickets,  houses  where  deposited  or 

sold,  arrests  in   XI        27  117 

to  be  seized  and  destroyed   XI        27  117 

merchandise,  second-hand  dealers  in,  sup- 
ervision over   XI       26  117 

premises  may  be  examined  by   XI       23  117 

messenger  to  superintendent,  rank  and 

privileges  of  '.   XI        24  116 

salary  of   XJ,       24  116 


50 


INDEX. 


Title.    Sec.  Pa«e. 


money,  taken  into  custody  of  member  of 

to  be  given  iuto  custody  of  commissioner  XI  44  126 
night  me«lical  service,  members  violating 

provisions  relating  to,  subject  to  trial  .. .  XII  10  141 

oath  of  office,  members  of  to  take   XI  36  121 

obscene  purposes,  houses  kept  for,  arrests 

in   XI  27  117 

orders,  commissioner  to  make  for  govern- 
ment of    XI  9  111 

patrolmen,  appointment  of,  probationary 

period  of   XI  7  110 

criminal  courts,  detail  of  to,    XI  21  115 

increase  of,  common  council  may  au- 
thorize   XI  4  108 

lost  time  of,  recjrd  of  to  be  kept   XI  34  120 

special,  appointment  and  removal  of..  XI  17  114 

XI  18  114 

duties,  powers  and  privileges  of . .  XI  17  114 

XI  18  114 

special  duty,  detail  of  to   XI  17  114 

pawnbrokers,  supervision  over  by   XI  26  117 

perjury,  false  swearing  in  certain  proceed- 
ings to  be   XI  22  115 

piers,  may  make  arrests  on   XI  24  117 

pilots,  for  police  boat,  patrolmen  to  be  de- 
tailed as   XI  24  116 

care  and  compensation  of    XI  24  116 

police  boat,  crews  to  be  appointed  for. ...  XI  24  116 
promotion  of  members  of,  for  meritorious 

services  how  made   XI  66  133 

removals  from,  causes  for   XI  14  113 

certiorari  to  review  determination  of 

commissioner,  granting  of   XI  15  113 

mode  of  making   XI  13  112 

nomination  to  elective  office,  effects...  XI  13  112 

office,  accepting  other,  effects   XI  13  112 

rewards,  retaining  without  notice  may 

cause   XI  12  112 

representing  being  a  member  of  falsely,  a 

misdemeanor   XI  29  119 

reprimands,  causts  for   XI  15  113 

roundsmen  : 

number  of  to  be  approved  by  mayor. .  XI  4  107 

salary  of,  how  fixed   XI  6  109 

sergeants,  mounted  : 

appomtmeut  of  by  commissioner  ....  XI  7  110 

number  of  to  be  approved  by  mayor. .  XI  4  107 

salary  of,  how  fixed   XI  6  109 

shields,  unauthorized  use  of  a  misdemeanor  XI  29  119 
superintendent : 

control  and  diiection  of  force,  to  have  XI  9  111 

duties  and  powers  of  relating  to  cer- 
tain pursuits   XI  27  118 

reports,  to  make  quarterly  to  commis- 
sioner  XI  33  120 

rules,   commissioner  to  promulgate 

through.   XI  9  111 

salary  of,  how  fixed   XI  6  109 


INDEX.  51 

Title.  Sec.  Page. 

saperiatendeut  of  steam  boilers  : 

appoiDtment  and  qualifications  of . . . .  XI  54  131 

duties,  rights  and  privileges  of   XI  54  131 

surgeons  : 

appointment,  rights  and  privileges  of .  XI  7  110 

districts  of ,  how  assigned   XI  40  121 

duties  of,  how  assigned   XI  40  121 

vendors  : 

premises  may  be  examined  hy   XI  26  117 

supervision  over  by   XI  26  117 

Police  life  insurance  fund  to  constitute  part  of 

police  pension  fund   XI  41  122 

Police  pension  fund : 

beneficiaries  of   XI  42  124 

boilers,  fees  for  inspection  of  to  constitute 

part  of   XI  52  130 

diversion  from  purposes,  prohibited   XI  41  124 

items  constituting   XI  41  122 

Pensions : 

certificate  of  surgeon  as  to  disability, 

contents  and  filing  of   XI  43  126 

payments  of,  how  made   XI  42  125 

may  cease  in  certain  cases   XI  42  126 

persons  entitled  to  receive   XI  42  124 

treasurer  of,  treasurer  of  department  to  be  XI  41  121 

trustees  of,  board  of,  duties  of  members  of  XI  41  121 
Police  precincts: 

assignment  of  members  of  force  to   XI  7  110 

division  of  city  into   XI  7  110 

Policy,  lo'^tery: 

premises  where  deposited  or  sold,  arrests  in  XI  27  118 

to  be  seized  and  destroyed   XI  27  118 

Proceedings  of,  record  of  to  kept   XI  34  120 

Property : 

arrested  persons,  taken  from,  provisions 

as  to   XI  45  127 

XI  46  127 

crime,  taken  as  proceeds  of,  custody,  etc. . 

of   XI  47  127 

intoxicated  or  insane  persons  taken  1  rom, 

custody  etc   XI  47  127 

police  pension  fund,  proceeds  of  certain  to 

be  paid  into   XI  48  128 

sale  of  certain  in  custody  of  commissioner  XI  48  128 
Property  lost  or  stolen : 

advertisement  of   XI  47  127 

custody  of   XI  44  126 

evidence,  to  be  delivered  for  use  as   XI  49  128 

may  examine  persons  in  possession  of   XI  26  118 

not  to  be  taken  from  possessor  without 

process  of  law   XI  26  118 

registry  of,  books  of  to  be  kept   XI  44  126 

taken  in  custody  by  member  of  to  be 

be  given,  into  custody  of  commissioner  XI  44  126 

Property  of,  disposition  of  when  not  required .  XI  65  133 

Records,  books  of  to  be  kept,  contents  of   XI  34  120 

Regulations,  commissioner  to  make  for  govern- 
ment of   XI  9  111 


52 


INDEX. 


Title.r  Sec.  Page. 


Reward  fund  . 

items  constituting   XI        51  128 

trustees  of,  powers  of    XI       51  128 

Rewaids : 

commissioner  may  offer  for  detection  of 

crime,  paymeut  of   XI        51  128 

may  retain  witli  permission  of  commissioner  XI  12  112 
Rules,  commissioner  to  make  for  governmeut  of  XI  9  111 
Salaries,  members  of,  comptroller  to  \y,\y  portion 

of  to  police  pension  fund  •.    XI       41  123 

Sergeants,  salary  of   XI         6  109 

Station  bouses,  parts  of  buildings  for  justices 

courts  may  be  assigned  for   XXI     19  344 

Subpoen  as  : 

commissiontrr  may  issue    XI        22  115 

proceedings  to  compel  obedience  to   XT        23  116 

Supplies  for  : 

proposals  for,  to  be  ad /ertised  for  in  cer- 
tain cases   XVIII    6  295 

purchase  of  without  order   of  common 

council   XVIII    5  295 

Suspected  persons  and  places,  record  of  to  be 

kept   XI        34  120 

Telegraph  : 

bureau,  vacancies  in,  how  filled,    XI  4  108 

instruments,  etc.,  to   be    furnished    by  , 

common  council   XI  24  116 

linemen,  rights  and  privileges  of   XI  4  108 

lines,  erection  of  by  commissioner   XI  24  116 

offices,  record  of  to  be  kept   XI  34  120 

operators,  number  of  to  be  approved  by 

mayor    XI  4  107 

lights  and  privileges  of   XI  4  107 

superintendent,  rights  and  privileges,  ...  XI  4  107 

Term  of  office  in    XI  13  112 

Theatres,  regulations  of  to  protect  hfe   XI  63  132 

Vacancies  in,  how  filled   XI  4  107 

Vessel  to  protect  shores,  to  be  furnished  by 

common  council   XI  24  116 

Vessels,  police  may  make  arrests  on  certain  .  .  XI  24  117 
Violence  on  member  when  on  duty  a  misde- 
meanor  XI  29  119 

Waters  adjoining  city,  police  may  make  arrests 

on   XI  24  117 

Wharves,  may  make  arrests  on   XI  24  117 

Witnesses  : 

depositions  of,  who  may  take   XI  22  115 

oaths,  who  may  administer   XI  22  115- 

cubpoenas  of   XI  22  115 

proceedings  to  enforce   XI  23  116 


Department  of  Public  Instruction. 

To  be  under  control  of  board  of  education          XVII      1  285 

See  **  BoABD  or  Education  "  and  "Schools." 


INDEX.  63 

^  Title.  Sec.  Page. 
Departments. 

Bureaus  to  be  organized  by  heads  of   XXII  9  346 

Clerks  and  employees  in,  appointed  by  heads 

of   XXII  9  346 

Clerks,  etc.  appointment  of,  removal  of   Ill  2  43 

Clerks  and  subordmates,  compensation  of  not 

to  exceed  appropri  tion  for   XXII  29  353 

Common  council  to  supervise  affairs  of   II  12  27 

Debts  and  disbursement  of  to  be    paid  on 

vouchers   IV  1  53 

Deputies  and  first  assistant,  appointment  of 

powers  of  -   Ill  2  43 

Enumeration  of   Ill  2  43 

Heads  of,  administrative  powers  vested  in   Ill  1  43 

(M,*,  appointment  of   Ill  2  43 

^  not  liable  for  misfeasance  of  subordinates  III  12  50 

terms  of  office  or   Ill  12  49 

Information  must  be  furnished  to  auditor  when 

required   V  4  65 

Official  business: 

where  transacted,  record  of  to  be  kept   III  2  43 

Powers,  duties    of,  provisions   defining,  ap- 
plicable to   XXII  27  352 

Subordinates  in,  appointment  of,  removal  of. .  Ill  2  44 

Deposit  of  City  Moneys. 

Regulations  as  to   VI         1  67 

Deputies. 

Appointment  of  by  certain  officers   XXII     26  352 

appointment  of,  power  of   Ill         2  43 

Digging  Down  Lots. 

Coujpt'*oller  to  certify  money  in  assessment 

fund  applicable  before  contract  made   IV        24  61 


See  "  Lots"  and  "  Local  Improvements." 


Disbursements 

Of  department  or  officers,  to  be  paid  on  vouchers    IV         1  53 

Disease. 

Spread  of,  charges,  how  may  be  incurred  to 

prevent   XVIII    5  295 

Disorder. 

Times  when  mayor  may  require  service  of 

military   XI        16  113 

Disorderly  Houses. 

Prohibition  of  by  common  council   II        12  29 

Dispensaries. 

Appropriations  for  certain   II         20  35 

Districts 

Aldermanic,  city  divided  into   II  2  23 

See  "  Wards  " 


M  INDEX. 

Title.    Sec.  Page. 


DocTunents. 

City  clerk  to  have  charge  of  certain   II  6  25 

Bogs. 

License  for,  portion  of  moneys  received  for  to 

constitute  part  of  police  pension  fund   XI       41  124 

regulation  and  license  of   II        12  29 

Douglass  Street. 

Buildings  on  certain  portions  of  regulated   XVI     14  275 

Draining  Lots. 

Comptroller  to  certify  money  in  assessment 
fund  applicable  before  contract  made   IV        24  61 


See  '*  Lots  "  and  "Local  Improyements. " 


Eastern  Parkway. 

See  "Department  of  Parks." 

East  Side  Lands. 

See  "Department  of  Parks.'' 
Education,  Board  of. 

See  " Board  of  Education "  and  "Schools. 

Elections. 

Ballots,  frauds  as  to,  prevention  of  

Ballot  boxes  : 


sealing  and  delivery  of  

visible,  to  be  during  voting  and  canvass  . . 
Ballot  clerks  : 

acting  as  such  without  qualifications,  a  mis- 


compensation  of 


oath  of  office  of   

failure  to  take  and  file,  penalty  for. . . 

political  faith  of  

property,  failure  to  turn  over  to  successor. 


XX 

23 

332 

XI 

38 

121 

XX 

15 

328 

XX 

14 

328 

XX 

25 

333 

XX 

20 

331 

XX 

6 

321 

XX 

11 

326 

XX 

13 

328 

XX 

19 

331 

XX 

18 

330 

XX 

19 

331 

XX 

6 

321 

XX 

19 

331 

XX 

24 

333 

XX 

6 

321 

XX 

is 

328 

XX 

6 

321 

INDEX.  SB 

Title.    Bee.  Page. 

Board  of  elections  : 

assistants,  appointment  of  by   XX       2  390 

ballot  clerks,  appointment  and  removal  of, 

by                                                                  6  321 

canyassers.  appointment  and  removal  of,  by  XX        6  321 

clerks,  appointment  and  removal  of,  by  ...  XX  2  320 
districts,  election, 

boundaries  of  to  be  published  by   XX        5  321 

division  of  city  into   XX        3  320 

expenses  of,  payment  of   XX      26  334 

inspectors  of,  appointment  atid  re- 
moval of  by   XX        6  321 

maps  of,  filing  and  posting  of   XX        4  320 

copies  of  to  be  furnished  to  elec- 
tion officers   XX        4  320 

publication  of  by    XX        4  320 

members  of, 

appointment  and  qualifications  of   XX        1  319 

oath  of  office  of   XX        1  319 

public  office,  ineligible  to   XX        1  319 

term  of  office  of    XX        1  319 

notices  and  advertisements  to  be  published 

by   XX      30  336 

officers  of  election,  vacancies  in,  to  be  tilled 

by   XX      24  333 

poll  clerks,  appointment  and  removal  of  .  .  XX        6  321 

polling  places, 

designation  and  publication  of  by  ....  XX        5  321 

selection  and  cure  of  by                 ....  XX        9  324 

power  of  two  members  of,  when  exercised 

by  one   XX      33  337 

president  of.  selection  of   XX        2  320 

registnirs  of  election,  appointment  and  re- 
moval of  by   XX        6  321 

regi-try  lists,  printing  of  by.   XX        9  324 

rooms  for    XX        2  320 

salaries  of,  rate  and  payment  of   XX      26  334 

sessions  of,  to  correct  certain  mistakes  in 

registering,  etc    XX      28  335 

supplies  for  election  purposes  to  be  furu- 

isbed  by   XX        9  324 

Booths,  position  of  as  to  polling  places    XI       39  121 

Canvass  : 

ballot  boxes  to  be  visible  during   XX      25  333 

ballots,  possession  of  by  canvassers  during 

a  misdemeanor    XX      25  333 

fraud  in,  prevention  of   XX      23  332 

result  of,  announcement  of   XX      16  329 

statement  of,  prevention  of  false   XX      23  332 

to  be  sent  to  police   XX      16  329 

Canvassers  : 

absence  from  duties,  wilful,  a  misdemeanor  XX       20  331 

acting  as  when  not  qualified,  a  mis- 
demeanor  XX       20  331 

appointment  of   XX        6  321 

ballots,  distribution  or  possession  of  by,  a 

misdemeanor    XX      25  333 


56 


INDEX. 


•     '•             •  Title  Sec,  Page. 

compensation  of  . .  XX  11  326 

duties  of   XX  11  32G 

refusal  to  pt»rform,  penalty  for   XX  19  331 

jury  duty,  exemption  from   XX  11  32G 

oath  of  office,  of  failure  to  take  and  file, 

penalty  for   XX  19  331 

taking  nnd  filing  of   XX  18  330 

political  faith  of   XX  C  321 

powers  of   XX  11  326 

property,  failure  to  turn  over  to  successor, 

a  misdemeanor  ;   XX  19  331 

qualificati  )ns  for  appointment  as   XX  24  333 

removal  of   XX  6  321 

vacancies,  filling  of  after  opening  of  polls  .  XX  18  330 

Canvassers,  board  of  : 

ballot  box-.s  to  be  received  by    XX  15  328 

ballots,  duties  of  as  to   XX  15  328 

canvass,  statemeLt  of  to  be  sent  to  police..  XX  16  329 

organization  of   XX  15  328 

result,  announcement  of  by   XX  16  329 

returns  of.  deposit  of,  making  and  filing  of 

duties  as  to   XX  17  329 

signing  of  by   XX  17  329 

service  of,  lime  of,  chairman  to  certify ....  XX  32  337 

votes,  canvass  of  by  ,   XX  i5  328 

Canvassers,  city  board  of  : 

board  of  aldermen  to  be   Ill  7  47 

clerk  of.  city  clerk  to  be   Ill  7  47 

declaration  of  persons  elected,  certification 

of   Ill  9  47 

filing  of   Ill  9  47 

publication   Ill  10  48 

meeting  of    Ill  7  47 

minutes  of,  clerk  to  keep   Ill  10  48 

notices  of  election,  clerk  to  send   Ill  10  48 

proceedings  of    Ill  7  47 

statements  of   Ill  8  47 

Districts,  election  : 

boundaries  of,  publication  of   XX  5  321 

creation  and  alteiation  of,  restrictions  as  to  XX  3  320 

division  of  city  into   XX  3  320 

maps  of,  inspection  and  posting  of   XX  4  320 

population  of  ;   XX  3  320 

publication  of   XX  4  320 

re  districting  of  wards   XX  3  320 

Election  officers  : 

appointment  and  removal  o"   XX  6  321 

oaihs  of   XX  18  330 

qualifications  of   XX  6  321 

vacancies,  filling  of   XX  6  321 

XX  18  330 

EKptnsgs  of,  payment  of  provided  for   XX  26  334 

Fraud,  prevention  of  in    XX  23  332 


INDEX.  57 

Title.  Sec.  Page. 

Inspectors  : 

acting  as  when  not  qualified,  a  misde- 
meanor  XX  20  331 

appointment  of   XX  6  321 

ballot  boxes,  sealing  and  delivery  of  by  . .  XX  14  328 

ballots,  d  stribution  and  possession  of  by, 

a  misdemeanor   XX  25  333 

board  of  : 

challenges,  duties  of  as  to   XX  11  326 

duties  of   XX  11  326 

houjs,  to  note  lapse  of   XX  11  326 

organization  of   XX  11  326 

polls,  close  of,  hour  to  be  noted.     ...  XX  11  326 

powers  of   XX  11  326 

XX  7  322 

compensation  of   XX  11  326 

duties  of,  absence  from    XX  11  326 

refusal  to  perform,  penalty  for,  a  mis- 
demeanor   XX  19  331 

XX  20  331 

maps,  district,  to  be  furnished  to   XX  4  320 

oath  of  office,  failure  to  take,  penalty  for..  XX  19  331 

taking  and  tiling  of   XX  18  330 

political  faith  of   XX  6  321 

powers  of   XX  11  326 

property,  failure  to  turn  over  to  successor, 

penalty    XX  19  331 

qualifications  for    XX  24  333 

registrars  of  elections  to  act  as   XX  6  321 

statement  to,  false,  a  misdemeanor   XX  21  331 

time  of  service  of,  certificate  of   XX  32  337 

vacancies,  tilling  of  after  opening  of  polls.  XX  18  330 

Notices  and  advertisements,  publication  of .  .  .  .  XX  30  336 

Offieers  of : 

detinition  of  for  certain  purposes   XX  23  332 

Police  : 

order  at  to  be  preserved  by   XI  25  117 

patrolmen  to  be  detailed  to  each  poll   XI  37  121 

Poll  clerks. 

acting  as  without  qualifications,  a  misde- 
meanor  XX  20  331 

appointment  of    XX  6  321 

ballots,  distribution  or  possession  of  by,  a 

misdemeanor   XX  25  333 

compensation  of   XX  11  326 

duties  of   XX  12  327 

refusal  to  discharge,  penalty  for   XX  i9  331 

oath  of  office  of,  failure  to  take  and  file, 

penalty  of   XX  19  331 

poll  lists,  entries  on  by   XX  12  327 

filing  of  by     XX  17  329 

property,  failure  to  turn  over  to  successor, 

penalty   XX  19  331 

quahfications  of   XX  24  333 

tallies  of,  signing  and  filing  of   XX  17  329 

vacancies,  filling  of   XX  6  321 

Poll  lists,  filing  of  after  election   XX  17  329 


58  INDEX. 

Title.  Sec.  Page. 

Polling  places: 

desi^ation  of  •   XX  5  321 

publication  of   XX  5  321 

restiictions  as  to   XX  5  321 

spi  ituous  liquors,  ^fomidbing  and  drinking 

of  at,  a  misdemeanor   XX  27  335 

BegiBtrars  of  elections: 

acting  as  without  qualifications,  a  misde- 
meanor  XX  20  331 

appjintment  and  removal  of   XX  (i  321 

ballots,  distribution  or  possession  of  by,  a 

misdemeanor   XX  25  833 

compensation  of   XX  11  326 

duties  of : 

absence  from,  a  misdemeanor   XX  20  331 

refusal  to  perform,  penalty  for   XX  19  331 

inspectors  of  to  be   XX  G  321 

oath  of  ofl&ce  of: 

failure  to  take  and  fill,  penalty  for. ...  XX  19  331 

taking  and  filing   XX  18  330 

political  faith  of   XX  6  321 

property,  failure  to  turn  over  to  successor, 

penalty  for   XX  19  331 

qualifications  for  appointment  as   XX  24  333 

vacancies,  filling  of   XX  6  321 

Registration : 

board  of,  organization  of   XX  7  322 

powers  and  duties  of   XX  11  326 

time  of  service  of  members  of,  chair- 
man to  certify   XX  32  337 

challenge  of  electors,  proceedings  on   XX  7  322 

false,  punishment  for   XX  22  332 

lists  of  registry: 

certification  of   XX  9  324 

disposition  of   XX  9  324 

making  of   XX  9  324 

mistakes  in,  correction  of   XX  7  322 

as  to  naturalized  persons,  correction 

of   XX  28  335 

XX  29  335 

personal  appearance  of  elector  necesssiry . .  XX  7  322 

places  for,  designation  and  publishing  of  XX  5  321 

naturalized  citizens,  as  to   XX  7  32a 

registrars  of  election,  to  make   XX  7  322 

registry,  contents  of   XX  7  322 

revision  and  correction  of   XX  10  325 

supplemental,  preparation  of   XX  10  325 

residence : 

change  of  to  different  district   XX  7  322 

change  of  to  same  district   XX  8  324 

statement,  false  at  a  misdemeanor   XX  21  331 

special  elections,  provisions  so,  to  for   XX  31  336 

swearing,  false  at,  perjury    XX  7  322 

times  of  meeting  for   XX  7  322 

Returns  of,  making  and  filing  of    XX  17  329 

Special,  registration  for   XX  31  336 


INDEX.  59 
Title.    Sec-  Page. 

Spirituons  liqnors.  f  nrnishinfi  or  flrinl%ing  of  at 

polling  places,  a  mjsdemeauor   XX      27  335 

Violence  at,  a  misdenieauor    XI       29  119 

Voters,  admission  of  to  room  where  ballot  box 

placed  ....    XX      25  333 

Elements. 

Damages  done  by,  cbarcjes  for  repairs  of,  how 

incurred  ^   XYIII    5  295 

Elevators. 

See  BurLDiNGS." 

Embezzlement 

Collector  of  taxes  and  assessments,  what  acts  of 

deemed   VII        5  70 

Made  a  felony   XXII     -t  345 

Emergency  Clause   xviii   2  294 

XVIII    5  295 

XVIII    6  295 

Emigrants. 

Police  to  protect   XI        25  117 

Estimate,  Board  of. 

See  ' '  BoABD  of  Estimate.  " 

Evidence. 

Arrears,  receipt  of  bill  of,  conclusive  of  pa^  - 

ment  *  .    VIII     12  87 

Assessments  f®r  local  improvements  : 

certificate  of  correctness  of  proceedings  in, 

presumptive  of  regularity   YII        C>  71 

record  of,  to  be,  of  validity  of   VIII     22  91 

Common  council,  transcript  of  proceedings  of 

when  to  be   II  6  25 

Copies  of  papers  filed  with  city  clerk,  when  to 

be   II  6  25 

Ordinances,  certified  copies  of  to  be   II  6  25 

how  read  in   XXII     6  346 

Taxes  : 

affidavit  of  publication  of  notice  in  tax 

sale,  presump  ive  proof   VIII     15  88 

affidavit  of  service  of  notice  of  sale  for, 

prima  facie   VIII      5  84 

affidavit  of  publication  of  notice  of  tax 

sale,  then  prima  facie    ...    VIII      2  78 

omissions  of  notice  on  tax  bills  not  unless 

paid   VII      11  73 

Excise. 

Commissioners  of  : 

appointment  of   XI  2  107 

commissioner  of  police  and  excise  to  be 

head  of   XI  2  107 

powers  and  duties  of.  •   XI  60  132 

salary  of    XI  2  107 


60 


INDEX. 


„    .  Title.    Sec.  Page. 

Excise  Moneys. 

lodustrial  schools  entitled  to  share  of   XVII  12  289 

Orphan  asylum  schools  entitled  to  share  of   XVII  12  289 

Police  pension  fund,  twenty  per  cent,  of  to  be 

paid  into   XI  41  122 

Exe  cutions. 

Vessels,  how  levied  on  board  of   XXII     7  346 

Exhibitions- 

Regulation  and  license  of   II         12  29 

Expenditures. 

Of  departments  or  officers]to  be  paid  on  vouchers    IV         1  58 

Expressmen. 

Regulation  and  license  of   II        12  28 


F. 

Fees. 

Amount  of  received  by  attoruey  and  counsel, 

from  parties  executing  deeds  of  cession,  to  be 

paid  into  treasury   IX         2  9€ 

Received  by  attorney  and  counsel,  to  be  paid 

over  to  treasurer   IX         1  95 

account  of  rendered  to  comptroller    IX         1  95 

Felony. 

City  officers  receiving  consideration  for  vote  or 

certain  other  acts  by,  deemed  a   XXII    23  350 

Embezzlement  by  collector  or  deputy-collector, 

how  punished   VII        5  70 

Embezzlement  of  money  by  officers,  etc., 

deemed  as   XXII     4  345 

Fencing  Vacant  Lots. 

Comptroller  to  certify  money  in  assessment 

fund  before  contract  for   IV        24  61 

See  ' '  Lots,  "  '  •  Local  Improvements.  " 

Fifteenth  Street. 

Improvement  of   XVI     19  278 

See  *'  Depabtment  of  Pabks." 

Filling  Up  Lots. 

Comptroller  to  certify  money  in  assessment 

fund  applicable  to  before  contract   IV        24  61 

See  "Lots"  Local  Improvements." 


INDEX.  61 

Titie.    Sec.  Page. 

Finance. 

Departmeut  of                                                 IV         1  53 

comptroller  to  be  head  of                            IV         1  53 

See  "  Department  of  Finance  "  and  "  CoMPTROLiiEK. " 

Finances. 

Comptroller  to  communicate  to  common  coun- 
cil plans  for  improving  administration  of ...  .    IV        29  63 

See  "  CoMPTKOLIiEK. " 

Finance  Committee. 

Chairman  of,  with  comptroller  and  auditor,  to 

examine  certain  accounts,  etc   IV        28  63 

Financial  Affairs  of  City. 

Statement  or   IV         1  53 

See  "Comptroller." 

Financial  Statement. 

Copy  of  to  be  supplied  to  citizens  applying  for 

same   II         10  27 

To  be  published  annually  by  common  council, 

wtiat  to  contain   II         10  26 

Fines. 

Payable  to  public  institutions  may  be  paid  from 

revenue  fund   IV        10  56 

Received  by  attorney  and  counsel  to  be  paid 

to  treasurer,  account  of  to  be  rendered  to 

comptroller   IX         1  95 


Fire  Commissioner. 

See  "Department  of  Fire." 

Fires. 

See  "  Department  of  Fire." 
Flagging  Sidewalks. 

Comptroller  to  certify  money  in  asses-sment 

fund,  application  before  making  contract  for    IV        2i  61 
See  "  Local  Improvements,"  "  Sidewalks." 


Franklin  Avenue. 

Railroads  on  certain  portions  of,  limitations  as 

to  motive  power   XVI     13  274 

Funds. 

Accounts  of  city  divided  into  six  classes   IV         7  55 

Money  in  one  fund  not  to  be  used  for  purposes 

of  another   IV         7  55 

Fnnd,  Assessment. 

Items  included  in   IV        13  58 

Fondf  General 

Items  included  in   IV         8  56 


62  INDEX. 


,  ^  ,        .  Title.    Sec.  Page. 

Fund,  Eedemption. 

Items  included  in   IV        12  57 

Fund,  Revenue. 

Assessments,  certain  void,  damages  and  ex- 
penses to  be  paid  from   X         16  104 

Balance  to  credit  of  September  1st,  to  be  trans- 
ferred to  general  fund   IV       10  57 

Buildings: 

dangerous,  charges  for  repairs  of,  when  to 

be  paid  from   XVIII    2  294 

destroyed  to  prevent  spread  of  fire,  com- 
pensation for  to  be  paid  from   XIII     13  150 

examination  of  strength  of  floor  of  to  be 

paid  from   XIV     14  183 

ruins  of,  recovery  of  bodies  from,  expense 

of  may  be  taken  from   XIV     31  217 

unsafe,  actions  relating  toexpense  of  to  be 

paid  from   XIV     37  226 

Charges,  incurred  under  sec.  5,  tit.  xviii,  when 

to  be  paid  from   XVIII    5  295 

Income  of  to  form  part  of  general  fund   IV         8  56 

Items  constituting   IV        10  56 

Judgments  against  city  payable  from   XXII    20  349 

Payments,  what  may  be  paid  from   IV        10  56 

Streets,  dangerous  charges  for  repair  of  to  be 

paid  from   XVIII    2  294 

Taxes  and  assessments  allowances  on,  to  be 

charged  to   VII      10  72 

Tax  sales,  money  for  expenses  for  property  pur- 
chased by  city  at,  mav  be  taken  frcm  when..    VIII      4  82 
To  be  kept  inviolate  except  for  specified  pur- 
poses  IV       10  56 

Ward  maps,  new,  money  required  for  to  be 

taken  from   X         17  105 

See  "Funds." 

Fund,  Sinking. 

Accounts  of   IV        11  57 

Annual  financial  statement  to  exhibit  condition 

of   II        10  26 

Bonds,  surplus  of  money  raised  on  to  be  paid 

into   IV        25  62 

Bonds  and  securities  of,  how  endorsed  and 

transferred   IV       16  59 

Commissic  ners  of   IV        16  59 

board  of  estimate,  to  be  members  of   II        18  33 

firemen's  insurance  fund,  to  be  members 

of  board  of   XIII     14  150 

police  pension  fund,  to  be  members  of 

board  of  trustees  of    XI       41  121 

Comntroller,  to  have  custody  of  books,  securi- 
ties etc  of   IV        16  59 

Items  included  in   IV       11  57 

Park  bonds,  amount  to  be  placed  in  for   XVI       9  269 

Prospect  Park  assessment,  collections  on  to  bo 

paid  into   XVI     24  283 

XVI     25  283 


INDEX.  63 

Title.  Sec.  Page. 

Sewers,  auxiliary,  bouds  for,  amount  to  meet 

to  be  placed  in                                            XV  31  251 

Water  Works,  net  surplus  income  of  to  be  paid 

into                                                          IV  15  58 

Tund,  Special. 

Items  included  in   IV         9  56 


Gambling  Houses, 

Arrests  in   XI  27  118 

Implements  in,  seizure  of   XI  27  118 

Inspection  of  by  police   XI  25  117 

Prosecution  of  persons  arrested  in    XI  27  118 

"Garbage. 

Removal  of,  contracts  for.  making  and  cancel- 
lation of   XII  7  137 

supervision  and  control  of   XII  8  138 

<7asoline. 

Fire  test  of   Xm  18  155 

Permits  for  keeping  of   XIII  18  155 

Regulations  as  to   XHI  18  155 

Storage  of   XIII  18  155 

General  Fund. 

Credit  to  of  balance  in  revenue  fund    IV  8  56 

IV  10  57 

Items  included  in   IV  7  55 

See  "Funds." 

Generators,  Steam. 

luspection  etc  of   XI  52  129 

Grades. 

See  "  Streets.  " 

Gunpowder. 

Buildings,  restrictions  as  to  keeping  in,  •   XXII  14^  347 

Explosions  of,  liability  for   XXII  18  348 

Navy  Yard,  provision  as  to  storage  of  in   XXII  15  348 

Seizure  of   XXII  14  347 

Streets,  carrying  of  in,  restrictions  of  as  to.  .  . .  XXII  17  348 

Vehicles,  restrictions  as  to  carrying  in   XXII  14  347 

Vessels,  restrictions  as  to  landmg  when  contain- 
ing  XXII  18  348 

Vessels,  restrictions  as  to  carrying  in   XXII  14  347 

Violations,  penalties  for   XXII  16  348 

Violations,  when  deemed  misdemeanors   XXII  19  349 

Crutters. 

Setting  and  resetting  of   II  12  30 


64 


INDEX. 


H. 

_    -  Title.    Sec.  Page- 

Hackmen. 

llegulation  and  license  of   II        12  28 

Health,  Public. 

Preservation  of,  police  to  guard   XI        25  117 

charges  for,  incurring  of   XVIII    5  295 

See  "  Department  or  Health." 

Health  Commissioner. 

Appointment  of   XII  1  135 

Duties  and  powers  of   XII  2  135 

Salary  of   XII  1  135 

Term  of  office  of    XII  1  135 

See  "'Department  of  Health." 

Highways. 

Dangerous,  repair  of     XVIII  2  294 

See  "  Streets." 

Hospitals. 

Appropriations  for  certain   II  20  35 

Infectious  diseases   XII  12  142 

Taxation,  exemption  from   XXII  32  355 

Water  rates,  exemption  from   XXII  33  355 

Hydrants- 

See  "  Water  "  and  "  Department  of  Fire." 
I. 

Industrial  Schools   xvii   12  289 

Inspectors  of  Boilers    xi      54  131 

Inspectors  of  Elections. 

See  ' '  Elections.  " 

Insurance  Companies. 

Tax  on  foreign,  pa^  able  to  firemen's  insurance 

fund   XIII     14  150 

Intelligence  Offices. 

Regulation  and  license  of   II         12  28 

Supervision  of   XI        26  117 

Interest. 

On  city  deposits,  credit  of   VI  1  57 

Interpreters. 

Appointment  and  removal  of   II  22  3S 

Duties  of   II  22  38 

Salaries  of   II  22  38 


J. 

Title.  Sec.  Page. 

Judgments. 

Execution  on,  restrictions  as  to   XXII  20  349 

Payment  of   XXII  20  349 

IV  10  56 

■    Report  of  to  CO -nmon  council   XXII  20  349 

J,unk  Dealers,  '  ■  ' 

Regulation  and  license  of   II '  12  28 

Supervision  of  by  police   XI  26  .117. 

Justices  Court. 

See  "  Justices  of  the  Peace  "  and  "  Police  Justices." 

Justices  of  the  Peace, 

Abandonment  cases  before   XXI.  7  Sit 

Assignment  of  by  mayor   Ill  15  51 

'     Assistants  in  courts  of   XXI  14^  '••343 

Bastardy  cases  before    XXI  •  =7  i  •  341 

Clerk  of  court  of,  appointment  of   XXI  14  343 

duties  of   XXI  6  341 

Clerks  in  courts  of ,  appointment  and  term  of . ,  XXI  14  343 

Court  rooms,  for  leasing  of    XXI  8  341 

Courts  of  : 

buildings  for,  erection  of   XXI  16  344 

lands  for,  acquirement  of   XXI  16  344 

means  for.  provision  of   XXI  17-18  344, 

trustees  of   XXI  19  344^ 

Civil  action  before,  where  brought   XXI  .3.  .340 

*  Criminal  process  of,  service  of   XI  19  115 

Districts,  judicial  T  XXI  1  339 

Election  of,  restrictions  as  to   XXI  9  341 

Fees,  fines,  etc. ,  clerk  to  collect,  etc   XXI  6  340 

justice  not  to  receive   .XXI  4  340 

Hours  of  business  in  courts  of   Ill  '  15  ' '  51 

Ordinances  : 

actions  on,  where  brought      XXI  6  341 

violation  of, 

suits  for,  jurisdiction  in  .  i . ;   II  15  31 

execution  in   XXII  13  847 

summons  in,  service  of   XXII  13  347 

summary  proceedmgs  for  offences,  descrip- 
tion of,  laws  relating  to  trials  and  pun- 
ishment in   XXII  11-12  307: 

Qualifications  for  election  , ,,. ....  XXI  5  340 

'  '■  ■  Stenogaaphers  : 

appointment  and  term  of  office  of   XXI  14  343 

duties  of   XXI  15  343. 

minutes  of ,  when  deemed  records   XXI  15  343 

qualifications  of   XXI  15  343- 

Summary  proceedings  : 

for  recovery  of  land,  adjournment  of   XXI  6  340' 

fee  s  in,  collection  of    XXI  6  340' 

;            place  of  bringing    XXI  6  340 

.  .   Term  of  office  of   XXI  4  340 

Vacancy  in  office  of,  fillmg of. ..,   XXI  12  343 

•  '    Warrants  for  criminal  offenses,  issue  and  re- 

i  -       turn  of   XXI  ,6  .341 


66 


INDEX. 


K. 

Title.  Sec.  Pa«d. 

Keeper  of  City  Hall. 

Appointment  of   II  28  40 

Kerosene. 

Fire:  test  of........   XIII  18  155 

Permits  for  keeping  of   XIII  18  165 

Kegulations  as  to   XIII  18  155 

'    Storage  of    XIII  18  156 

King^  County. 

Annual  statement  to  board  of  estimate   II  18  33 

Officials  of,  members  of  boird  of  estimate   II  18  33 


L. 

Land  Under  Water 

Assessed  for  local  improvements  iu  certain 

cases....   XIX     38  313 

Lanes. 

See  ' '  Stbeets.  " 

Law  Department. 

See  "  Attorney  and  Counsel." 

Legislative  Department, 

See  ' '  Common  Council.  " 

LegislaUve  Power. 

Vested  in  board  of  aldermen   II  1  23 

Libraries. 

Money  for,  appropriation  of  by  board  of  educa- 
tion  XVII    11  289 

Licenses. 

Amusements,  mayor  may  revoke  in  certain 

cases   XIV     29  205 

Cesspools,  to  be  under  control  of  commissioner 

of  city  works   XV        1  233 

Cisterns,  to  be  under  control  of  commissioner 

of  city  works   XV        1  233 

Fees  for.  to  be  paid  into  city  treasury   Ill        4  46 

Granted  by  mayor  to  be  countersigned  by  city 

clerk  *.    II         6  25 

Oijcupations  subject  to   II        12  28 


INDEX.  6T 

Title.  Sec.  Pae«. 

Police  to  inspect  all  places  of  business  baving. .  XI  25  117 

Railroads^  street  cars  of,  license  of,  license  fees 

in  satisfaction  for  nse  of  streets   II  12  29 

Street  vaults  to  be  under  control  of  commis- 
sioner of  city  works  :   XV  1  233 

Sospension  of  certain,  by  mayor   Ill  11  49 

Theatres,  mayor  may  revoke  in  certain  cases . .  XIV  29  205 

Lien. 

Arrears  of  taxes  etc. ,  prior  to  July  1,  1882, 

amount  fixed  in  lieu  of  to  be  prior  lien   VIII      3  79 

Arrears,  bill  of,  receipt  of  payment  of  fur- 
nished by  registrar  of  arrears  frees  lots  of  all 

liens  specified   VIII     12  87 

Assessment,  defects  in  conveyance  of  not  to  in- 
validate  VIII     23  91-2 

Local  improvements: 

assessments  for,  certain,  when  to  become  XIX  7  300 
assessments  for,   to  be  prior  to  others 

against  laud   VIII     21  91 

assessments  for  unpaid, when  registrar  may 

assign   VIII     20  90 

assessments  for,  to  be  prior   XIX     36  312 

Opening  and  widening  streets,  assessments  for 

to  be  lien  on  land   XIX     31  311 

Tax  sales,  certificates  of,    when  constitute, 

when  lien  terminates   VIII      4  82 

Loads. 

On  floors,  distribution  of   XIV  14  180 

.Safe  on  orickwork   XIV  14  180 

Safe  on  earth   XIV  14  180 

Loans. 

Anticipating  collection  of  taxes,  common  coun- 
cil may  make   II        26  40 

Local  Improvements. 

Abstracts  of   VII  7  71 

Application  for  made  by  pet  tion    XIX  1  297 

notice  of  to  be  published   XIX  2  297 

petitioners  liable  for  expense  if  denied   XIX  5  299 

Assessments  for : 

apportionment  and  assessment  of    XIX  37  313 

assessors'  fees,  two  per  cent,  to  be  added  for  X  4  98 

assessors,  to  make  (except  for  sewers)   X  3  98 

benefit,   assessors    to    report  estimated 

amount  of  on  each  lot  to  common  council  XIX  4  298 

bills  for  taxes,  notice  of  to  be  contained  in  VII  11  73 
cancellation  of,  when  common  council  may 

order   XIX  11  302 

charitable  institutions,  on  real  property  of, 

how  paid   XXII  32  355 

collection  of  amount,  how  appropriated  . .  XIX  17  303 

two  per  cent,  to  be  added  for   VII  4  70 

contracts,  certain  to  be  let  before   XIX  7  299 


68 


INDEX. 


Title.    Sec.  Page. 


district  of,  common  council  to  lay  out,  map 

of  to  be  made   XIX       4  298 

may  be  enlarged  in  certain  cases   XIX     44  315 

installments  payable  in  when  collector  may 

cancel   VII        8  72 

interest  amount  to  be  included  in,  to  re- 
imburse city  for,  advances   X  6  99 

land  under  water  in  certain  wards,  how  as- 
sessed   XIX     38  313 

lien  of, 

assignment  of,  not  valid  unless  recorded  VIII  32  94 

redemption  of   VIII  31  94 

conveyance  of  assessment  lien   .  VIII  20  90 

redemption  of    VIII  31  94 

contents  and  recitals  of    VIII  23  91 

foreclosure  of, 

action  of,    when  deemed  com- 
menced   VIII     33  94 

redemption  of  premises  from  sale, 

how  made    VIII     25  92 

refund  on  former  sale  for  defec- 
tive title;  city  relieved  from 

agreement  to   VIII     30  93 

sale  under  i^rovisions  as  to   VIII     24  92 

redemption  from   VIII     25  92 

summons  and  action  of  what  to 

contain   VIII     28  93 

tax  or  assessment  where  sale  not 

made,  not  to  cut  off   VIII     29  93 

tax  sales,  right  to  return  of  sums 
paid  on  prior  to,  suspension  of 

during  proceedings   VIII     30  93 

time  or  beginning  of  «Jction   VIII     31  94 

priority  to  others,  except  taxes  and 

water  rates   XIX     36  312 

prior  to  all  others  on  land  and  premi  - 

ses   VIII     21  91 

lot,  where  portion  of  on  ward  map  taken, 

residue  liable  to  be  assessed   X  3  98 

moneys  collected  on  certain,  how  applied  XIX  10  301 
names  of  persons  interested  in  lands  as- 

sessel  not  necessary  to  state   VIII     21  91 

notice  of  heariug  by  assessors,  objection  to 

report   XIX      39  314 

payments  of,  allowance  made  on   VII       10  72 

proceedings  for  laying,  certification  of . . . .    VII        6  71 

rebate  on,  wben  allow  ed    VII       10  72 

when  not  allowed   XIX       9  301 

re-assessment,  power  of  common  council 

as  to   IX        15  104 

reduced,  when  assessors  may  lay,,   XIX     44  316 

reduced,  when  by  court   . .      XIX     43  314 

proceedings  in  relation  to   XIX     18  304 

report  of  assessors,  common  counil  may 

add  to  for  certain  purposes   XIX     41  314 

common  council  may  correct   XIX     41  314 


INDEX.  69 
Title.    Sec.  Pag«. 

proceedings  of  common  council  in  re- 
lation thereto   XIX     40  314 

proceedings  when  sent  back   XIX     42  314 

revision  of  by  assessors,  excess  to  be  re- 
funded  XIX    '9  300 

street  numbers  and  ward  and  block  num- 
bers lo  be  designated   X  4  98 

unpaid  amount  of,  collector  to  be  credited 

with  ,   VII      13  74 

collector  to  deliver  account  of  to  comp- 
troller  VII      12  74 

collector  to  make  return  of  to  registrar 

of  arrears   VII      14  75 

where  land  not  sold  registrar  may  as- 
sign lien   VIII    20  90 

vacated,  when  may  be  re-aassessed   XIX     43  315 

to  be  so  marked  on  certificate  of  judge  XIX     43  315 

vacation  or  release  of  by  court   XIX     35  312 

valid  and  legal,  presumed  to  be   VIII     22  91 

value  of  premises  to  be  assessed  to  be  as- 
certained  XIX       4  298 

void  for  want  of  jurisdiction,  damage  to  be 

paid  out  of  revenue  fund   X         16  104 

re-assessment  of  amount  paid  to  be 

credited   X         16  104 

report  of  to  common  council   X         15  104 

ward  maps,  to  refer  to   X  3  98 

warrant  for  collection  not  to  be  issued  un- 
til proceedings  certified   VII        6  71 

warrant  for  collection,  publication  of  no- 
tice of   VII        2  69 

warrant  for  collection  of.  requirements  of. .  VII        9  72 

when  to  be  delivered  to  collector   VII        6  71 

Assessment  fund,  board  of  estimate  to  provide  II        18  34 

Assessment  lists  or  rolls,  assessors  to  make  out  X  3  98 

Assessment  rolls : 

certificate  of  commissioner  of  city  works 

and  corporation  counsel  endorsed  on          VII       6  71 

copies  of  to  be  delivered  to  comptroller .  . .  VII  6  71 
Bills  of  amounts  of  assessments  for,  collector  to 

send  to  persons  liable  for   VII       2  69 

Claims  for,  not  to  be  paid  unless  certified  by 

auditor   V  1  65 

Common  council,  determination  of  as  to  certain 

facts,  final   XIX       6  299 

Contracts  (except  sewers)  not  to  be  entered 
into  unless  estimated  cost  submitted  to  com- 
mon council    IV        23  61 

-Contracts  for  certain,  copies  to  be  filed  with 

comptroller   XIX     13  302 

not  to  be  made  until  proceedings  certified    XVIII     1  294 
not  to  exceed  amount  which  may  be  bor- 
rowed for  purpose   IV       23  61 

payment  under,  how  made   XIX     16  303 

surveyor  to  sign  estimates  of  work  under    XIX     16  303 

to  state  total  amount  thereof   IV        23  61 

when  may  be  authorized   XIX      8  300 


70  INDEX. 

Title.    Sec.  Page. 

EnumeratioD  of   XIX      1  297 

Expenses  and  dnmages  on  account  of  rejection 

of  assessments  to  be  paid  from  revenue  fund    IV        10  57 

Improvement,  common  council  to  order   XIX       6  299 

Installments,  collector  may  receive  total  amount 

of  assessment  payable  in   VII       8  71 

Lots,  digging  down,  assessments  for,  when  to 

be  laid  and  become  a  lien   XIX     14  302 

XIX     15  303 

certificate  of  completion  of  work  of,  to  be 

filed   XIX     14  302 

fencing  vacant,  certificate  of  completion  of 

work  to  be  filed,  assessmeLt  for   XIX     14  302 

XIX     15  303 

filling  sunken   XIX     14  302 

assessment  for   XIX     15  303 

See  "Lots"  and  "Local  Impeovements. " 
Petition  for,  when  may  be  ordered  without. . . .    XIX       1  297 

Proceedings  in  : 

certification  of   XVIII  1  294 

presumptive  evidence  of  regularity  of  VII  6  71 

continuation  of  for  certain   XIX  11  302 

remonstranc' s  against,  when  sufficient  to 

prevent  improvement   XIX  2  297 

Sidewalks,  fliiggirg  and  refl egging  : 

assessments  for,  proceedings  as  to.  .  .    XIX     15  303 

assessments  for,  when  to  be  laid  and  be- 
come a  lien   XIX     14  302 

certification  of  completion  of  work  to  be 
filed    XIX     14  302 

improvement  of   II        12  30 

Streets  : 

city  lot  defined   XIX       3  298 

grading  and  paving,  assessment  for  not  to 

exceed  value  of  lot   XIX       3  298 

opening  and  widening, 

assessujent  and  report  of  assessors, 

what  to  include   XIX     31  309 

assessment  for,  duties  of  assessors  in 

relation  to   XIX     31  309 

assessors,  owners,  error  in  name 

of,  effect  of   XIX     31  309 

lien  upon  land   XIX     31  309 

void,     duties    of    assessors  in 

relation  to    XIX     31  309 

where  amount  exceeds  estimated 

benefit   XIX     26  307 

where  land  interposed  between 

highway  and  land   XIX     27  307 

assessors  may  report  lands  not  bene- 
fitted to  amount  of  assessment   XIX     31  309 

awards  for  damages, 

interest  on,  comptroller  to  pay  . .  XIX  32  311 
right  of  owner  to   XIX     31  310 


INDEX. 


71 


Title.    Sec.  Page. 

commissioners  of  estimate, 

compensation  of   XIX     33  312 

powers  and  duties  of   .    XIX     22  305 

report  of,  alteration  in,  may  be 

ordered  by  court   XIX     29  309 

report  of,  appeal  from,  costs  may 

be  awarded  against  appellant  .  .    XIX     30  309 
report  of,  appeal  from,  Bow  heai-d    XIX     29  ■  308 
cause  against  ronfirming  .  , . .    XIX     25  307 
confirmation  of,    notice  of 
application  for  to  be  pub- 
lished  XIX     28  307 

items  of  expense  of  improve- 
ment, to  be  included  in  . . .    XIX     33  312 
to  be  delivered  to  board  of 

assessors   XIX     31  309 

to  be  filed   XIX     28  307 

to  be  open  to  inspection  ....  XIX  28  307 
to  include  fees  for  searchers. .    XIX     31  311 

report  of  what  to  contain   XIX     23  305 

to  estimate  expense  of   XIX     20  304 

to  review  report    XIX     28  307 

guardian  ad  litem,  appointment  of, 

compensation   XIX     34  312 

lot  taken,  residue  of,  when  may  vest 

in  city  !   XIX     24  306 

map  of  improvement  to  be  made,  what 

shall  show,  where  filed   XIX     21  305 

part  of  lot  taken,  assecsment  on  for 

benefit  not  to  exceed  value  of  residue    XIX     25  307 
proceedings  for  to  be  discontinued  on 

report  of  assessors   XIX     31  311 

searchers'  fees  to  be  included  in  com- 
missioners' report   XIX     12  302 

searches  to  be  made  by  attorney  and 

counsel, -fees  for    XIX     31  311 

survey or^'  fees,  to  be  included  in  com- 
missioners' report   XIX     12  302 

streeis,  to  be  under  control  of  common 

council  for  certain  purpose   XIX     19  304 

streets,  avenues,  parks,  etc.,  attorney 
and  counsel  to  have  charge  of  pro- 
ceedings relaling  to   IX         1  95 

sunken  lots,  filling  up,  cosi  of  im- 
provement, how  assessed   XIX     46  317 

filling  up,  common  council  io  take 

proceedings  for  upon  petition. .    XIX     45  316 
term  defined,  what  are   IV        23  61 

Lots. 

Digging  down,  common  coirncil  to  direct,  ex- 
pense of,  how  assessei.   II        12  29 

to  be  under  control  of  commissioner  of  city 

works   XV        1  233 


'72  INDEX. 


,1  Title.    Sec.  Page. 

Fenciug  vacant  : 

common  council  to  direct,  expense  of   II        12  29 

provisions  as  to   XIX  14-5  302 

to  be  under  control  of  commissioner  of 

city  works   XV        1  253 

Filling  up,  common  council  to  direct,  expense 

of   II        12  29 

to  be  under  control  of  commissioner  of  city 

works   XV         1  233 

Sunken,  filling  in,  proceedings  as  to   XIX     14  302 

Vacant,  water,  assessment  on  for,  to  be  a  lien 

on....   XV        6  237 

Walls  on,  common  council  to  direct  building  of, 

expense  of   II        12  29 

See  "  Local  Improvements." 

Lottery  Offices. 

Police  to  inspeC   XT       25  117 

Lottery  Tickets. 

Houses  where  deposited,  wben  arrests  may  be 
made  in,  who  may  be  arrested  in,  seizare  and 
destruction  of   XI        27  118 


II  23  39 
II         12  29 


Marriages. 

Eegulation  of  by  health  commissioner   XII  2  135 

Mayor. 

Acting,  who  shall  be,  in  absence  of  mayor   III  13  50 

Administrative  power  of  corporation  vested  iu..  Ill  1  43 
Aldermen,  board  of,  special  meeting  to  be 

called  by    II  11  27 

Annual  communication  of  to  common  council.  Ill  11  48* 

Appointments  by   Ill  12  49 

Arrests,  powers  as  to   Ill  11  48 

Assent  of,  necessary  to  repair  buildings  bought 

at  tax  sale  :   VIII  4  82 

to  assignment  of  tax  sale  certificates   VIII  4  82 

Assessors,  appointment  of  by   X  1  97 

III  12  49 

Bonds,  signing  of  by,  restriction  as  to   Ill  11  49 

sale  of  by,  restrictions  as  to   IV  3  54 

to  be  d  sposed  of  by  .  IV  4  54 

.    Canvassers,,  board  of,  to  preside  at  meeting  of .  Ill  7  47 

City  officers,  susj^ension  of  by,  proceedings  on.  Ill  12  50 
suspension  of  by  when  city  moneys  not 

deposited  in  the  treasury   IV  27  63 


Markets. 

Establislnnent  of,  power  of  common  council 
Regulation  and  license  of   : . . . 


INDEX.  73 

Title.  Sec  Page. 

Claims  against  city,  settlemeDt  of  to  be  approved 

by   XXII  30  354 

Criminal  cases,  power  as  to   Ill  11  48 

Duties  of   Ill  11  48-9 

Education,  board  of,  members  of,  appointed  by  III  12  49 

Election  of    11  3  44 

EligibiUty  to  office  of   Ill  11  48 

Fire  department,  promotions  in  for  bravery,  to 

be  approved  by   XIII  18  162 

Health  commissioner,  appointment  of  by   XII  1  135 

Health,  peril  to,  to  approve  measure  to  prevent  XII  5  136 

Heads  of  departments,  appointment  of  by   III  12  49 

Justices  of  the  peace,  assignment  of  by   Ill  15  51 

to  possess  powers  of   Ill  11  48 

vacancy  in  office  of  to  be  filled  by   XXI  12  343 

Licenses,  may  suspend  certain   Ill  11  49 

theatre,  revocation  of  by  in  certain  cases.  .  XIV  29  205 

Military,  power  of  to  call  out  in  certain  cases.  .  XI  16  113 

Obligation,  sale  of  by,  restrictions  as  to    IV  3  54 

signing  of  by   Ill  11  48 

Ordinances  : 

approval  of  by    II  9  26 

execution  of  by   Ill  11  48-49 

signing  of  by   II  6  25 

veto  of  by   II  9  26 

violation  of,  prosecution  for  by   Ill  11  48 

Park  bonds,  estimate  of  amount  to  be  raised 

for,  by   XVI  9  269 

Police  force,  direction  of  by  in  times  of  danger  XI  9  111 
promotion  in  for  bravery  to  be  approved 

by   XI  66  133 

Police  justices  : 

appointment  of   XXI  U  342 

assignment  of  to  districts,  by   Ill  15  51 

vacancy  in  office  of,  filling  of   XXI  12  343 

Powers  of    Ill  11  48-9 

Prospect  park  bonds,  record  of  to  be  kept  by  XVI  23  282 
Registrar  of  arrears,  suspension  of  by,  when 

money  not  paid  into  city  treasury   VIII  13  88 

Sewers,  construction  of,  prohibition  of  by   XV  39  257 

Sinking  fund,  commissioner  of,  to  be   IV  16  59 

commissioner  of,  meetings  of  to  preside  at  IV  17  59 
Streets,  dangerous,  repairs  of  to  be  made  with 

ap];roval  of    XVIII  2  294 

Supervisors,  to  be  member  of  board  of   Ill  11  48 

Supplies,  purchase  of,  approval  of  by   XVIII  5  295 

Tax  certificates,  to  be  signed  by   VIII  18  90 

Term  of  office  of    Ill  3  44 

Vacancy  in  office  of,  how  filled   Ill  13  50 

Veto,  power  of,  proceedings  on   II  9  26 

Vouchers,  to  be  examined  and  certified  by   III  11  49 

Warrant",  for  payment  of  money  to  be  signed 

by   Ill  11  :i49 

for  collector  of  taxes  to  be  signed  by   VII  9  72 

of  arrest,  power  to  issue   Ill  11  48 

Water  income,  deficiency  in  to  be  estimated  by  XV  7  238 

Water  sinking  fund,  to  be  commissioner  of   XV  5  237 


74  INDEX. 

^  Title.    Sec.  Pag«. 

Menageries. 

Regulation  and  license  of   II        12  2* 

Merchandise. 

Dealers  in  second-hand,  police  supervision  of..    XI        26  117 

Misdemeanors. 

Comptroller,  false   endorsement   of  contract 

by  a   XVIII    3  294 

Collector,  retaining  city  money  by  a   VII        5  71 

Criminal  process,  i  service  of  by  unauthorized 

person,  a   XI        19  115 

Debt,    unauthorized    incurring   of    by  city 

officers,  a    XXII      5  345 

Elections,  officers  of  : 

ballots,  destruction  or  possession  of  by,  a, .  XX  25  333 
duties,  neglecting  by,  qualifications,  acting 

without,  a   XX       20  331 

police,  using  or  inciting  violence  against 

at,  a   XI        29  11* 

willful  neglect  by  to  make  arrests,  a. .    XI        29  119 
spiritous  liquors,  furnishing  or  drinking  at 

polling  places,  a     XX       27  335 

statements,  falpe,  to  election  officers,  a.  .  .    XX       21  331 

violence  at,  usmg  or  inciting,  a   XI        29  11* 

Fire  escapes,  incumbrances  on,  maintaining  a..  XIV  28  203 
Fires  : 

apparatus,  willful  obstruction  of  a   XIII       7  147 

unauthorized  interference  with.  a. ..  .    XIII       8  148 

firemen,  unauthorized,  actiug,  as  a   XIII       8  148 

property  of  dep;  rtment  of,  unauthorized 

interferrence  with,    XIII       8  148 

right  of  way  at,  r<  f  usal  of ,  a   XIII       7  148 

Gunpowder,  violation  of    provisions  relating 

to,  a   XXII    19  349 

Obligations,  signing  of  in   contravention  of 

Title  IV,  a    IV        23  61 

Park  commissioner,  to  be  interested  in  con- 
tracts a   XVI       5  268 

Park  ordinances,  offence  in  violation  of  a    XVI       7  268 

Plumbing,  violation  of  provisions  relating  to  a.  XII  9  138 
Police  : 

false  representation  of  membership  of  a  .  .    XI        29  119 

shield,  etc.,  unauthorized  wearing  of  a   XI       29  119 

willful  interference  with  in  discharge  of 

duty  a     XI       26  118 

Public  buildings,  theatres,  violation  of  police 

regulations  as  to  a   . .    XI       63  132 

Water  supply,  polution  or  diversion  of,  a   XV       20  245 

Water  works,  injury  of  property  of,  a   XV       20  245 

Misfeasance. 

Mayor  to  prosecute  city  officers  for  in  certain 

cases    IV        27  63 

of  city  officers,  city  not  liable  for   XXII    28  353 


INDEX.  75 

Title.  Sec.  Page. 

Money. 

Borrowing  of,  restrictions  as  to   IV  25  62 

City  clerk  to  pay  over  to  treasurer   II  6  25 

to  keep  account  of  orders  for  pay- 
ment of    VI  1  68 

Comptroller,  city  officers  to  account  to  for   VI  1  67 

city  clerk  to  make  return  of  to    II  6  25 

Deposit  of,  institutions  of,  selection  of   VI  1  67 

neglect  of  by  city  officers,  comptroller  to 

notify  n?ayor  of   IV  27  63 

restriction  as  to   XXII  10  346 

Drawing  of  from  treasury,  regulation  of   VI  1  67 

Lost :    See   '*  Department  of  Police  and 
Excise.  " 

Overdraft  of,  when  allowed   VI  2  68 

Keceipts  for,  filing  of  with  comptroller   VI  3  68 

form  and  requisite  for  in  certain  cases ...  VI  3  68 

Kedemption,  how  drawn  from  treasury   IV  12  57 

Registrar  of  arrears,  payment  of  by,  to  treas- 

iTrer   VIII  13  87 

Sinking  fund,  investment  of   IV  18  5^ 

Stolen  :  See   ' '  Department  of  Police  and 
Excise.  " 

Use  of,  for  purposes  other  than  appropriation  .  IV  7  55 

Vouchers,  to  be  drawn  from  the  treasury  upon  V  2  65 


N. 

Naptha. 

Permit  for  keeping  of   XIII     18  155 

Stojage  of   XIII     18  155 

Newspapers,  Corporation. 

Designation  of   II         17  32 

Expenditures  for  ,   II         17  32 

New  York. 

Fires  in,  assistance  at   XIII     10  149 

Fire  department  of,  assistance  of   XIII     10  149 

Grants  to,  not  impaired   I  1  5 

See  *  *  Department  or  Fire.  ' ' 

Night  Medical  Service. 

Provision  relating  to   XII       10  138 

Support  of,  provision  for   XII       11  142 

See  "Department  of  Police  and  Excise." 

Night  Soil. 

Removal  of,  contracts  for,  making  and  cancella- 
tion of   XII        7  137 

Supervision  and  control  of   XII        8  138 


76  INDEX. 


,  Titie.    Sec.  Page. 

Ninth  Avenue. 

Improvement  of   XVt     19  278 

See  "  Depabtment  or  Pabks." 

Nonfeasance. 

City  officers,  city  not  liable  for   XXII    28  358 

Prosecution  for  by  mayor  in  certain  cases  . . '. .    IV       27  63 

Remedy  for   XXII    28  353 

Registrar  of  arrears,  relating  to  payments  of 
arrears  collected    VIII     13  87 

Nuisances. 

Abatement  of   II  12  28 

common  council  not  deprived  of  power  of.  XIX  10  301 
department  of  health   not  deprived  of 

power  of   XIX  10  301 

Streets,  removal  of  in   XI  25  117 

Nurseries, 

Appropriations  for  certain   II        20  35 


Oaths. 

City  officers  to  take   Ill         4  45 

False  swearing  where  act  requires,  perjury  . . .    XXII      1  34:5 


Obligations,  City. 


IV 

4 

54 

II 

9 

26 

Delivery  of,  prohibited  before  money  received 

for   

IV 

4 

54 

IV 

4 

54 

IV 

4 

54 

IV 

18 

60 

IV 

25 

62 

IV 

25 

62 

faith  and  property  of  city  pledged  to  

IV 

14 

58 

IV 

25 

62 

Sale  of,  mayor  and  comptroller  to  make  re- 

IV 

3 

54 

IV 

4 

54 

Ocean  Avenue. 

Railroads  on,  restriction  as  to  motive  power.  . .  XVI  13  274 

Ocean  Parkway. 

Buildings  on,  restrictions  as  to   XVI  15  275 

Circles  on,  streets  intei-sectiug,  control  of  ....  XVI  2  266 

Control  of ,  park  department  vested  with   XVI  2  266 

Maintenance  of,  a  city  charge   XVI  2  266 

Railroad  crossing  at,  requirements  and  proceed- 
ings as  to  ,   XVI  16  275 

Railways,  horse,  restrictions  as  to   XVI  16  276 


INDEX.  77 

\ 

_  ,  Title.  Sec.  Page. 

OfFal. 

Contracts  for  removal  of  : 

making  aud  cancellation  of   XII  7  137 

supervision  and  control  of   XII  8  138 

Ordinances. 

Actions  on,  where  brought    XXI  6  341 

Amendment  of   II  13  30 

Book  of,  a  public  record   II  6  25 

Certified  copies  of,  to  be  received  m  evidence.  .II  6  25 

Continued  in  force   II  27  40 

Debt  or  obligation,  creating,  requirement  of  . .  II  9  26 

Deposit  for  permits  may  be  required  in    II  14  31 

Enforcement  of,  by  police   XI  25  117 

police  commissioner  to  cause   XI  50  128 

Evidence,  when  to  be   XXII  P  346 

certified  copies  of  to  be  received  in    II  6  25 

proof  of  publication  of,  effects  of  as   XXII  6  346 

Excise,  enforcement  of   XI  62  1 32 

Execution  of,  mayor  to  cause   Ill  11  48 

Health,  requirement  of    XIII  3  135 

Mayor,  approval  of,  by   II  9  26 

Park  ordinances   XVI  2  266 

Publication  of,  evidence  of  what  is   II  16  31 

Repeal  of   II  13  30 

Signing  of   II  6  25 

Violations  of  : 

arrest  for  in  certain  cases   XI  28  119 

penalties  for,  money  collected  in  payment 

of   IX  3  96 

payment  of  money  into  treasury   XXTI  8  346 

police  to  prevent   XI  25  117 

remission  of,  penalties  for  prohibited....  II  19  35 

suits  for,  attorney  and  counsel  to  bring  IX  3  96 

execution  of  judgment  in   XXII  13  347 

jurisdiction  of  justices   II  15  31 

proceedings  in   II  15  31 

summons  in,  service  of   XXII  13  347 

summary  proceedings  for   XXII  11-12  347 

III  11  48 

Veto  of,  proceedings  as  to   II  9  26 

Water  rates,  relating  to   XV  3  235 

Orphan  Asylum  Schools. 

Appropriations  for   XVII  12  289 


Papers. 

Copies  of  those  duly  filed  in  office  of  city  clerk 
certified  by  him  under  corporate  seal,  to  be 
evidence  in  all  courts  and  places   II  6  25 

Parade  Ground. 

Assessment  for,  annual  statement  to  be  made 

to  supervisors  f   XVI     25  283 

Department  of  Parks  to  have  charge  of   XVI       2  265 


See  '  *  Depaetment  of  Pabks,  " 


78 


INDEX. 


Title.    Sec.  Pace. 

Parkways. 

Departmeut  of  parks  to  have  control  of   XVI       2  265 

See  "Depabtment  of  Pabks." 

Pawnbrokers. 

Police  supervision  of   XI        26  117 

Regulation  and  license  of    II         12  28 

Payments  of  Money. 

How  made   VI         1  67 

Peddlers. 

Criers  and  hawkers,  regulation  and  license  of ..    II         12  28 

Penalties. 

Received  by  attorney  and  counsel  to  be  paid 

to  treasurer   IX  1  95 

To  be  paid  into  city  treasury   XXII      8  346 

Personal  Property  of  City. 

Annual  tiuuncial  statement  to  contain  detailed 

statement  of   II         10  2G 

Perjury. 

False  swearing  under  provisions  of  act  deemed.    XXII      1  345 

Permits. 

Deposit  may  be  required  on  issue  of   II         14  31 

Petroleum. 

Explosion  of,  death  resulting  from,  person  sell- 
ing same  guilty  of  a  felony   XIII  18  155 

Refined,  lire  test  of   XIII  18  155 

Storage  and  sale  of,  regulation  as  to   XIII  18  155 

Piers. 

Police  to  have  power  to  make  arrests  on,  courts 
to  have  jurisdiction  of  arrests  made  on   XI        24  117 


Plumbers. 

See  "  Depabtment  of  Health." 
See  "Water." 

Plumbing. 

See  "  Depaetment  of  Health," 


Police  Justices. 

Abandonment  cases  before    XXI       7  341 

Appointment  of,  acceptance  of,  what  deemed, 
bond  of,  to  file,  approval  by  comptroller,  cer- 
tificate of  to  be  filed,  oath  of  office  to  take  . .    XXI     11  342-43 

Assigument  of  to  district  by  mayor   Ill         15  51 

Bastardy  cases  before   XXI       7  341 

Clerks,  appointment  of,  term  of  

assistants,  appointment  and  term  of   XXI      14  343 

^Clerks  to  collect  fines,  fees,  etc. ,  and  report  to 
comptroller   XXI       6  341 


IN»EX.  7^ 

Title.  Sec.  Page. 

Fees,  fines,  etc.,  to  be  collected  by  clerk  of .  . .  XXI  6  341 

receiving  of  by,  prohibited   XXI  4  340 

Honrs  for  transaction  of  business                         XXI  5  351 

Interpreters,  appointment  of,  duties  of,  salary 

of,  removal  of    II  22  38 

Jurisdiction  of  

summons  in,  service   of,  execution  in, 

limited  as  to   XXII  13  347 

Location  of   XXI  10  342 

OflBce,  when  to  take,  vacancy  in,  how  filled   XXI  12  343 

Ordinances,  action  on,  where  brought   XXI  6  341 

suits  for  violation  of,  jurisdiction  in   II  15  31 

•    Police  courts  : 

building  for,    erection   of,    lands  for. 

how  acquired   XXI      16  344 

means  for  how  provided,  to  be  reim- 
bursed by  tax   XXI     17  344 

trustees  of,  powers  of   XXI     19  344 

court  rooms  for,  common  council  to  lease.  XXI       8  341 

Powers  of   XXI     10  342 

Property  and  money,  lost  or  stolen,  in,  custody 
of,  to  be  given  into  custody  of  commissioner 

of  police  and  excise   XI        44  12fi 

Stenographers,  duties  of,  qualifications  for   XIX      14  343-44 

Summary  proceedings  for  recovery  of  land, 

iidjournment  of  by  clerk   XXI       6  340 

for    violation    of    ordinances,  brought 

befoie   XXII    11  347 

XXII    12  347 

Term  of  office  of,  salary  of   XXI      10  342 

Policy  Shop. 

Premises  kept  for,  when  arrests  may  be  made 

in,  policies  to  be  seized  and  destroyed   XI        27  118 

Premiums. 

See  "Bonds  and  Obligations." 

President  Street. 

Buildings  on  certain  portions  of  regukted   XVI     14  275 


Process. 

Civil  and  criminal,  how  served  on  board  vessels    XXII      7  346 

Property. 

Lost  or  stolen. 

See  "Police  and  Excise." 

Property  of  City. 

Pledged  to  payment  of  moneys  borrowed  or 
raised  by  city   IV        14  58 

Rents  of  not  under  custody  of  other  depart- 
ments to  be  under  charge  of  comptroller ....    IV        26  62 


80 


INDEX. 


Title.    Sec.  Page. 

Prospect  Park. 

Assessments  collected  for  park  benefit  to  be 


paid  to  sinking  fund   XVI     24  283 

Assessment  for,  cemetery  of  Society  of  Friends 

not  subject  to   XVI     U  272 

when  statement  and  estimate  on  city  prop- 
erty of,  to  bo  made  to  common  council..    XVI     24  282 
Bonds  issued  for,  interest  on  how  paid,  pay- 
ments of  interest  and  principal  to  be  a  tax 

upDn  certain  wards   XVI       9  269 

for,  sinking  fund  for  redemption  of,  how 

created   XVI       9  269 

records  of  to  be  kept  by  mayor,  comptroller 

and  city  clerk,  to  be  open  to  inspection..    XVI     23  282 
Buildings  m,  leasing,  sale  of,  proceeds  of  how 

credited  and  used   XVI       2  267 

Circles  at  angle  of,  railroad  crossings,  limita- 
tion as  to  motive  power   XVI     13  274 

Lands  of,  deed  for  how  executed,  delivery  of. .    XVI     10  270 
improvement  of  prior  to  sale  of  may  of  to 

be  filed,  moneys  may  be  appropriated  .  .    XVI     10  270 
materials  and  improvemcEts  in,  sale  of, 

proceeds  of,  how  credited  and  used  ....    XVI       2  267 
proceeds  from  sale  of  how  applied,  sale  of 

certain  authorized   XVI     10  270 

sale  of,  reservation  of  from   XVI     10  270 

Ocean  parkway,  circles  at  terminus  to  be  con- 
sidered part  of       XVI       2  266 

Plaza  of  street  in,  improvement  of,  district  of 

assessment  for    XVI     20  278 

Public  places,  department  of  parks  to  have 

control  of   XVI       2  265 

Society  of  Friends,  purchase  of  land  from   XVI     11  272 

See  "  Depaetment  of  Parks." 

Prostitution. 

Houses  for,  when  arrests  may  be  made  in,  who 

may  be  arrested  in,  persons  arrested  in  to  be 

prosecuted   XT        27  118 

Houses  of ,  police  to  observe  and  inspect   XI        25  117 

prohibition  and  punishment  of    II         12  29 

Public  Act. 

Act  declared  to  be.   .   XXII    35  356 

Public  Instruction. 

Department  of,  control  of,  vested  in  board  of 

education   XVII      1  285 

See  "BoAED  of  Education." 

Public  Places. 

Defined    XVI       8  268 

Kegulntion  of  matters  connected  with  by  com- 
mon council   II         12  28 

Pumps. 

Construction  and  repair  of  to  be  under  charge 

of  commissioner  of  city  works   XVI       1  233- 


INDEX.  81 


Q. 

Title.    Sec.  Page. 

Cluonim. 

Majority  of  aldermen  elected  to  cons  itute   II  7  25 


R. 

Railroads. 

Cars,  street,  regulation  of,  license  of   II         12  29 

Consent  of  common  council  necessary  to  con- 
struction of,  granting  of  to  be  sold  after  no- 
tice, petition  of  property  owners  necessary. . .     XXII    24  351 

Parks,  streets  adjoining,  location  on   XVI       2  267 

Real  Estate. 

City,  annual  financial  statement  to  contain  de- 
tailed account  of   II        10  27 

Receipts. 

For  monej'  paid  to  treasurer,  form  and  requi- 
sites of   VI         3  68 

Records. 

Public,  when  affidavits  of  publication  of  notice 

of  tax  sales  become   VIII      2  78 

Redemption  Fund   IV       7  55 

Items  coutaiued  in   IV        12  57 

See  "  Funds." 

Redemption  Moneys. 

How  drawn  from  treasury   IV        12  57 

VI         1  68 

Reflagging"  Sidewalks. 

Comptroller  to  certify  money  in  assessment  fund 

applicable  before  making  contract   IV        24  61 


Registrar  of  Arrears. 

Accounts  of,  to  be  examined  annually  

Accounts  of,  finance  committee  of  common 

council  may  order  examination  of  

Action  to  foreclose  lien  of  assessment  for  local 

improvements,  notice  of  commencement  of. 

to  be  filed  in  office  of  

Appointment  of  by  mayor,  salary  of,  term  of 

office  of  

Arrears,  not  to  cancel  or  remit  upon  certificate 

of  collector  after  settlement  

Assessment  lien,  conveyance  of,  assignment  of 

by  

to  note  on  annual  assessment  roll  


IV 

28 

63 

IV 

28 

63 

VIII 

33 

94 

VIII 

1 

77 

VII 

14 

75 

VIII 

32 

94 

VII 

11 

73 

82 


INDEX. 


Title.    Sec.  Page. 

Books,  to  keep  iu  form  piescribeil  or  approved 

by  comptroller   VIII     13  87 

Comptroller,  certain  amouuts  to  be  charged 

and  credited  to  by   IV        20  60 

Department  of  arrears,  to  be  bead  of   VIII       1  77 

Land,  redemption  of  from  sales  for  arrears  of 
taxes,  assessments  and  water  rates,  to  furnish 

bill  of  amount  necej-sary  for   VIII     12  87 

Lien  of  assessment  for  local  improvements,  in 
certain  cases  may  assign,  must  give  ;  refer- 
ence to  certain  persons   VIII     20  90 

Local  improvements,  notice  of  commencement 
of  action  to  foreclose  lien  of  assessment,  lo 

be  filed  in  office  of   VIII     33  94 

Moneys  and  checks  collected  by,  to  be  paid  to 

treasurer  on  day  of  collection   VIII     13  87 

detailed  returns  of  to  be  made  to  comp- 
troller by   VIII     13  87 

Office  of,  office  of  record,  laws  apjilicable  to  . .    XXII      3  345 

Official  searches,  provisions  as  to   VIII     17  89 

Payment  of  unpaid  taxes  and  water  rates,  to  be 

notfd  in  ledger  of  arrears  by   VIII     11  87 

to  treasurer  as  required  by  law,  neglect 

to  make  by   VIII     13  88 

Redemption  money  : 

to  be  paid  on  checks  prepared  and  signed 

by   .  .  .    IV        12  57 

to  sign  checks  for  on  treasurer   VIII     16  89 

VI  1  68 

to  take  receipt  for  chocks  given  in  pay- 
ment of   VIII       10  89 

Taxes  certified  by  collector,  to  add  to  or  cancel    VII       14  75 
personal,  uncollected,  to  furnisu  comp- 

t) oiler  each  year  statement  of  items  of. .    VIII     19  90 
sales  for,  where  deed  not  delivered  within 
ten  years  fiom  sale,  to  be  cancelled  of 

record  by   VIII       4  82 

Taxes  and  assessments,  unpaid: 

to  notify  collector  of  omission  to  make  re- 
turn  VIII       9  86 

to  publish  notice  of  list  of   VIII       2  78 

Taxes,  assessments  and  water  rates  : 

arrears  of,  to  furnish  bill  of  on  requisition.    VIII     12  87 
returns  of,  to  post  in  ledger  of  arrears    VIII     11  87 
sales  for,  record  of  to  be  kei)t  in  office  of, 

what  to  contain   VIII     14  88 

to  be  conducted  by  registrar  or  as- 
sistant, without  fee   VIII     15  88 

to  enter  on  record  amount  paid  by 
purchaser  for  subsequent  taxes  and 

assessments   VIII       5  83 

to  register  in  office  of,  affidavits  of 

publication  of   VlII     15  88 

Tax  rolls  : 

to  enter  on,  lots  in  arrears  for  taxes,  assess- 
ments and  water  rates  and  sales  for  un- 
paid taxes,  etc   VIII     10  86 


INDEX. 


83 


Title.    Sec.  Page. 


Tax  sales  : 

cancelled  certificates  of  sale  and  leases  to 

be  filed  and  preserved  in  office  of   VIII     16  89 

to  deposit  mone;  s  paid  upon,  with  treasurer    VIII       6  85 
to  procure  and  preserve  affidavits  of  publi- 
cation of  notices  relating  to   VIII     15  88 

Water  rates  : 

arrears  of,  may  collect  in  same  manner  as 

arrears  of  laxes   VII      11  87 

bill  of  arrears  of  to  be  furnished  by,  upon 

requisition   VIII     12  87 

payment  of,  to  be  posted  in  ledger  of  ar- 
rears by   VIII     11  87 

unpaid,  omission  to  make  return  of,  regis- 
trar of  water  rates  to  be  notified  by .  . .      VII        9  86 


See  "  Taxes,  Assessments  and  Water  Kates  "  and  "  Taxes.  " 

Registrar  of  Water  Rates. 

Accounts  of  to  be  examined  annually,  finance 
committee  of  common  council  may  order  ex- 
amination of  

See  "  Watee." 

Rents  of  property  under  custody  of  no  other  per- 
son, to  be  collected  by  comptroller  

Resolutions  of  Common  Council. 

All,  to  be  presented  duly  certified  to  mayor. .  . 

Creating  debt  or  obligation  against  city,  must 
specify  amount  or  object  of  expenditure.  .  . , 

Proceedings  relating  to    

Special  meetings  ordered  by,  do  not  require  ap- 
proval of  ^mayor  

Revenue  Fund  

Items  comprising  

See  "  Funds." 

Riots,  ete. 

Commissioner  of  police  and  excise  to  obey  or- 
ders of  mayor  in  times  of  

Military,  mayor  to  have  power  to  require  sei-vice 
of  to  suppress  

Police  to  suppress  

Special  patrolmen  may  be  appointed  in  time  of 

To  prevent  or  suppress,  how  charges  may  be 
incurred  

Roads. 

Construction  and  repair  of,  to  be  under  control 


of  commissioner  of  city  works   XV  1  233 

See  "  Streets." 

Salaries. 

Appropriation  for,  not  to  be  exceeded   XXII  29  353 

Common  council  to  fix  certain   II  22  38 

Manner  of  drawing,  comptroller  to  prescribe  .  IV  1  53 

Monthly,  to  be  paid   IV  1  53 


IV 

28 

63 

IV 

25 

62 

II 

9 

26 

II 

9 

26 

II 

9 

26 

II 

11 

27 

IV 

7 

55 

IV 

10 

55 

XI 

9 

111 

XI 

16 

113 

XI 

25 

117 

XI 

18 

lU 

XVIII    5  295 


Title.    Sec.  Page. 

Sales. 

.    See  "Taxes,  Assessments  and  Water  Rates. 

Schools. 

Board  of  education  to  have  control  of   XVII  5  287 

Building  of   XVII  8  288 

Colored  children,  for   XVII  7  287 

Districts,  subdivisions  of  city  into   XVII  fi  287 

Evening  schools   XVII ,    7  287 

General  fund  for   XVII  10  288 

Industrial  schools  : 

excise  moneys,  entitled  to  share  of    XVII  12  289 

school  moneys,  participation  in   XVII  12  289 

supervision  of    XVII  12  289 

Location  of   XVII  8  288 

Orphan  asylum  schools  : 

excise  moneys,  entitled  to  share  of   XVII  12  289 

school  moneys,  participation  in   XVII  12  289 

supervision  of   XVII  12  289 

Rules  and  regulations  in  regard  to,  prescrip- 
tion of   XVII  f)  287 

Sectarian,  no  school  moneys  to  be  paid  to   XVII  12  289 

Sites  for  buildiugs  for,  proceedings  to  acquire. .  XVII  14  290 

Special  fund  for   XVII  10  288 

See  "  Board  of  Education." 

Sealers  of  Weights  and  Measures. 

Appointment  and  salary  of   XXII  31  355 

Fees,  receiving  by  prohibited   XXII  31  355 

Oath  of  office,  filiug  of   XXII  31  355 

Search. 

Warrant  for,   may  be  executed  by  police  in 

state.  .   Xr  20  115 

Sewers. 

Assessments  for  : 

certification  of  to  common  coni.cil   XV  41  258 

description  of  lands  in   XV  41  258 

enforcement  of,  laws  applicable  to   XV  30  250 

lieu,  to  be  a     XV  30  257 

mistakes  in.  correction  of    XV  40  257 

re-assessment  in  certain  cases   XV  40  257 

streets,  grading  of,  expense  of,  to  form  part 

of   XV  4r.  260 

ward  maps,  to  be  used   XV  41  258^ 

warrant  for  collection  of,  authority  to  issue,  XV  41  258 

issue  of    XV  30  250 

Attorney  and  counsel  to  search  titles  relating  to  IX  1  95 

Auxiliary  : 

bonds  for  payment  of  cost  of.  issue  of 

authorized   XV  31  251 

proceeds  of,  disposition  of   XV  31  251 

contracts  for,  letting  of   XV  28  248; 

cost  of,  estimate  of   XV  25  246 

expenses  of,  when  placed  in  tax  levy   XV  31  251 

plans  for  : 

amendment  of   XV  27  248^ 

approval  of  by  common  council   XV  27  248 

tax  levy,  when  expenses  put  in   XV  31  251 


INDEX.  85 

Title.  Sec.  Page. 

Bonds  for  construction  of,  issue  of  authorized.  XV  30  250 

Completion  and  extension  of  plans  for   XV  25  246 

Construction  of  : 

control  of,  under  common  council   XV  1  233 

cost  of  sewers  what  included  in   XV  33  256 

expense  of,  how  borne   XV  29  249 

Costs  of,  current,  estimate  and  raising  of   XV  37  256 

East  river,  restrictions  as  to  building  into   XV  25  246 

Injuries  to,  laws  applicable  to   XV  43  259 

Lands  for,  proceedings  to  acquire  : 
commissioners  of  appraisal  : 

appointment  of   XV  33  252 

compensation  of   XV  33  256 

duties  of   XV  33  253 

report  of  : 

appeal  from   XV  33  254 

awards  of,  payment  of   XV  33  255 

confirmation  of   XV  33  254 

costs  and  expenses  of  to  be  assessed   XV  38  256 

discontinuance  of   XV  33  254 

entry  upon,  when  authorized   XV  33  255 

guardian  ad  litem,  appointment  of   XV  33  .  254 

law  department  to  conduct   XV  41  258 

water,  lands  under,  how  acquired   XV  34  256 

Maintenance  of  : 

amount  to  be  expended  for,  limitation  of. .  XVIII  1  293 
contracts  for,  excepted  from  control  of 

common  council  ;   XVIII  1  293 

cost  of,  how  raised   XV  37  256 

Overflow  : 

discharge  of    XV  35  256 

canal,  receiving,  to  be  cleaned    XV  36  256 

plans  for   XV  25  247 

Plans  of  : 

completion  and  extension  of   XV  25  246 

proceedings  relating  to   XV  26  248 

proceedings  relating  to  change  of   XV  49  263 

Private  sewers  : 

apportionment  of  cost  of   XV  45  259 

connections  with,  permits  for   XV  45  259 

dedication  to  city,  private  property  until. .  XV  45  259 

Pumps,  expense  of  to  be  levied  on  district   XV  30  250 

Sewer  districts  : 

additional  to  be  laid  out   XV  39  257 

construction  in,  prohibition  of  by  mayor...  XV  39  257 

notice  of,  publication  of   XV  39  257 

Streets  : 

grade  of,  may  be  raised   XV  46  260 

expense  of,  assessment  of.   XV  46  260 

proceedings  to  acquire  rights  in   XV  32  252 

Superintendent  of  : 

appointment  and  duties  of    XV  25  247 

head  of  bureau   XV  2  235 

Temporary  : 

authorization  of   XV  44  259 

cost  of.  assessment  and  collection  of   XV  44  259 

Use  of,  regulations  for,  commissioner  to  pre- 
scribe   XV  42  258 


86 


INDEX. 


Title     Sec.  Page. 


Shooting  Galleries. 

Kegulation  and  license  of   II  12  2^ 

Shows,  Common. 

Regulation  and  license  of   II  12  29 

Sidewalks. 

Dangerous,  repair  of   XVIII  2  294 

Imiirovement  of    II  12  30 

expense  of,  how  charged   II  12  30 

Parks,  adjacent  to,  improvement  of   XVI  2  266 

Reflaggiug  of   IV  24  61 


See  "  Streets." 
Sinking  Fund. 

See  "  Funds." 

Slaughter  Houses. 

Regulation  and  liceuse'of   II         12  29 

Snow. 

Removal  of   XVIII    5  295 

Special  Fund. 

Items  composing   IV         9  56 

See  "  Funds." 

Squares. 

Control  of  vested  in  departmentjof  parks   XVI        2  265 

See  "  Department  of  Parks." 

State. 

Taxes  raised  for,  issue  of  certificates  to  meet 

deficiencies  in   IV        30  63 

Steam  Boilers. 

See  "  Department  of  Police  and  Excise." 
Stenographers. 

Justices  courts,  appointment  of,  for   XXI      15  343 

Stocks. 

See  *'  Bonds  "  and  "  Obligations." 

Stolen  Property. 

See     Departmenx  of  Police  and  Excise." 


Street  Railroads. 

Rugulation  and  license^of    II         12  2& 

Streets. 

Assemblages  obstructing,  police  to  disperse. . .    XI        25  117 

Beggars  in,  police  to  arrest   XI       25  117 

Care  of  to  be  under  control  of  commissioner  of 

city  works   XV        1  233 

Cession  of.  acceptance  of,  restrictions  as  to ...  IX  2  96 
Cleaning  of : 

amount  required  for,  to  be  included  in  an- 
nual estimate .   XV       50  26a 


INDEX.  87 

Title.  See.  Puye. 

contracts  for  : 

approval  of  by  corporation  counsel  . .  XV  47  262 
control  of  under  commisssioner  of  city 

works   XV  1  233 

estimate  for,  not  to  exceed    XV  47  261 

proposals  for,  bow  advertised    XV  47  261 

specifications  to  be  filed   XV  47  261 

sureties  on,  approval  of   XV  47  261 

termination  of  may  be  declared   XV  47  261 

wbeu  contract  not  in  force   XV  47  262 

Common  council,  control  of  by  for  certain  pur- 
poses  XIX  19  304 

Crosswalks,  laying  of   II  12  30 

Culverts  and  drains,  construction  of   XIX  1  297 

Dangerous,  repair  of    XVIII    2  294 

Encroachments  on,  commis^ioaer  of  city  works 

to  keep  clear  of     XV  1  233 

Fires,  right  of  way  in,  in  case  of   XIII  7  147 

Highwater  mark,  extension  of  certain  below 

prohibited   XXII  34  356 

Improvement  of,  to  be  under  control  of  com- 
missioner of  city  work'^   XV  1  233 

Incumbrances  on,  commissioner  of  city  works 

to  keep  clear  of   XV  1  233 

Jurisdiction  : 

common  council  to  have  over   XXII    22  350 

sewer  purposes,  commissioner  of  city  works 

to  have  for    XV       25  246 

Names,  change  of  by  common  council   II        21  38 

Nuisances  on.  police  to  remove   XI        25  117 

Ocean  parkway,  streets  intersecting  circles  of 

under  control  of  department  of  parks   XVI       2  266 

Obstructions  on,  commissioner  of  city  works  to 

keep  clear  of   XV        1  233 

Opening,  widening  and  closing  of  . 

attorney  and  counsel  to  have  charge  of, 

proceedings  for   IX         1  95 

proceedings  for   XI      20-33  304 

See  "  Local  Improvements." 

Public,  definition  of   XXII    22  350 

Railroads  in,  restrictions  as  to      XXII    24  351 

location  as  to  certain   XVI       2  267 

Regulation  by  common  council  of  matters  con- 
nected with   II        12  28 

Repairs  of  : 

amount  for  to  be  included  in  annual  esti- 
mate   XV       50  263 

city  charge,  to  be   XV       48  263 

expenses  of  not  to  exceed  appropriation  .  .    XV       48  2d3 

Repaving  of  : 

amount  for  to  be  included  in  annual  esti- 
mate   XV       50  263 

belgian  or  gra»nte  blocks,  conditions  of  in 

railroad  street   XV       50  264 


88 


INDEX. 


Title.    Sec.  Page. 

Sidewalks  : 

curbs,  settinR  of   II         12  30 

G[utter,  setting  of    II         12  30 

improvement  of   II        12  30 

repair  of    II        12  30 

Snow,  charge  for  removal  of,  bow  incurred  . .  XVIII     5  295 

Superintendent  of   XV        2  235 

Travellers  in,  police  to  assist  and  protect   XI        25  117 

Vehicles  in,  regulation  of  by  police   XI        25  117 

Water  works,  extension  of,  entry  upon  for   XV       12  240 

See  "Local  Improvemekts. " 

Summary  Proceedings. 

Land,  for  recovery  of   XXI       6  340 

Ordinances,  for  violation  of    XXII    11  347 

Superintendent  of  Buildings. 

Appointment  of     XIV       1  105 

See  ' '  Buildings.  " 

Superintendent  of  Sewers. 

Chief  of  bureau  in  department  of  city  works. .  XV        2  235 

Superintendent  of  Streets. 

Chief  of  bureau  in  department  of  city  works . .  XV        2  235 

Superintendent  of  Supplies- 

Chief  of  bureau  in  department  of  city  works. .  XV    .     2  235 

Supervisors. 

Assessment  rolls,  delivery  of  by   VII        6        7 1 

Election  of   Ill       16  51 

Resignation  of     Ill       18  52 

Tflxe?  : 

action  on  rolls  by   X           9  101 

acts  of  relating  to  certain,  ratified   X           9  101 

Vacancies  in  ofifice  of     Ill       18  52 

Supervisor-at-Large. 

Board  of  estimate,  a  member  of   II         18  33 

Supplies. 

Purchase  of  without  order  of  common  council  XVIII     5  295 

Surplus- 

Of  money  borrowed  to  be  paid  into  sinking 

fund   IV        25  62 

Unexpended,  transfer  of   XVIII    3  294 

IV        10  57 

Surveyors- 
Appointment  of  by  common  council   II        12  28 

Swimming. 

Common  council  to  regulate    II        12  28 


INDEX.  89 


T. 

Title.    Sec  Page. 

Taxation. 

Bonds,  stocks  and  obligations  of  city  exempt 

from  except  for  state  purposes   IV  4  54 

Valuation  of  taxable  property  for  purposes  of...    X        7-9  99-101 
See  ' '  Assessment.  ' ' 

Tax  Certificates. 

Amounts  collected  under  chapter  114,  laws  of 

1883,  to  be  applied  to  payment  of   VIII       3  80 

How  signed,  interest  on,  time  to  run,  issued 

for  what  purpose   VIII      18  89-90 

To  be  issued  to  pay  expenses  of  purchase  of 

city  at,  tax  sales   VIII      18  89 

Taxes. 

Accounts  of,  collector  to  balance  on  his  book. .  VII  14  75 
Annual  rolls  : 

assessments  transmitted    to    registrar  of 

arrears,  collector  to  enter  on   VII       11  73 

collector  to  enter  on  assessment  due   VII       11  73 

Apportionment  of   X  11  102 

Arrears  of.  collector  to  notify  comptroller  of 

aggregate  amount  of   VII      14  75 

Bills  for  : 

contents  of   VII      11  73 

notices  to  be  printed  on  all   VII      11  73 

notices  on,  omission  of,  effect  of    VII      11  73 

Collection  of  : 

account  of  to  be  rendered  to  comptroller. .    VII        1  6fi 
anticipation  of,  certificates  issued  in,  inter- 
est on    II         20  40 

IV         4  54 

beginning  of,  time  for   VII        (3  71 

collector  of  taxes  and  assessments  to  con- 
duct    VII        1  09 

expense  of,  two  per  cent,  to  be  added  for    VII        4  70 
payment    not  to    be    received  by  col- 
lector after  return  made  to  registrar 

of  arrears   VII       14  75 

County,  provisions  as  to  payment  of   IV        30  03 

Demand  for,  on  real  estate,  not  necessary  ....    VII        2  69 

Distress,  none  necessary  on  real  estate   VII        2  69 

Duplicate  payment  of,  refund  of   X         13  103 

Interest  on,  when  to  be  added   VII      10  72 

Loans  in  anticipation  of,  common  council  may 

make   II         26  40 

Mistake,  payment  by,  no  claim  agninst  city  ...  X  12  103 
Money  to  be  raised  on  parts  of  citv  liable  for 

same  *   IV        14  58 

Notice  of,  collector  to  publish.    VII        2  68 

Omissions  or  overcharg-'s  ceitified  by  collector 

to  registrar  of  arrears   VII      14  75 


90  INDEX. 
Personal  : 

arrears  of,  statement  of  to  be  furnisbed  to 

comptroller  by  collector  

statement  of  to  be  furnisbed  to  com- 
ptroller by  registrar  of  arrears  .... 

examination  of  persons  liable  to  

notice  of  to  be  mailed  to  persons  assessed . 
Kevenue  fund,  balance  on  September  1st  to  be 

deducted  from  amount  to  be  raised  by  

See   "Assessments  of  Taxable  PROPERTr,'" 
Taxes,  Assessments  and  Water  R 

Taxes,  Assessments  and  Water  Rates. 

Arrears  of  : 

amounts  certified  under  chapter  114,  laws 

of  1883,  provisions  as  to  

bills  of,  registrar  of  arrears  to  furnish .... 

effect  of  

money  collected  on,  to  be  paid  to  treasurer 

on  day  of  collection.  

returns  of  money  received  for,  registrar  to 

make  to  comptroller  

returns  of,  to  be  made  to  comptroller  .... 
searches,  official,  to  be  made  by  registrar 

of  arrears   

See  "  Registrar  of  Arrears.' 

sales  for  : 

advertising  of  

apportionment  of  amount  sold  for.  .  . . 
auctioneer's  fees,  not  to  be  charged 

thereon    ... 

cancellation  of  when  notices  omitted 

from  tax  bills  

certificate  of  : 

assignment  of.   -  

cancelled,  filing  of  

contents  of.   


comptroller  to   have  charge  of, 

duties  of  as  to  

expenses  relating  to,  how  provided 

for  

deeds,  delivery  of   

persons   under  disability,  where 
lauds  belong  to,  execution  of . . 
presumptive  evidence  of  title  . .  . 

lands  to  be  sold  

liens,  registrar  may  assign  in  certain 

cases  

lien  of  certificate  

list  of  property  to  be  sold  

property  omitted  from,  may  be 

included  in  subsequent  

provisions  as  to  


Title. 

Sec. 

Pagd 

VII 

12 

74 

YIII 

19 

90 

A. 

7 

X 

7 

99 

i  \ 

rr  T 
O  < 

* '  Ass 

ATES.'" 

ESSORS 

A^in 

3 

79 

VIII 

12 

87 

VIII 

12 

87 

VIII 

13 

87 

VIII 

13 

87 

VIII 

13 

87 

VIII 

17 

89 

\  ill 

1 

77 

■V- 

X 

14 

lUo 

VIII 

15 

88 

VII 

11 

74 

VIII 

8 

80 

VIII 

16 

8'> 

VIII 

4 

80 

VIII 

4 

80 

VIII 

15 

88 

VIII 

4 

80 

V  ill 

4 

VIII 

4 

82 

VIII 

lo 

on 
89 

VIII 

4 

82 

VIII 

7 

86 

VIII 

4 

81 

VIII 

3 

78 

VIII 

20 

90 

VIII 

4 

82 

VIII 

2 

78 

VIII 

2 

77 

VIII 

2 

77 

INDEX. 


91 


Title.    Sec.  Page. 

money  paid  on,  recovery  of,  provi- 
sions as  to   VIII      4  80 

refund  of   VIII      4  80 

treasurer,  to  be  deposited  with  . .    VIII       6  85 
notice  of,  by  purchaser,  affidavit  of 

service  of,  contents  of   VIII       5  83 

effect  of   VIII       5  83 

filing  of   VIII       5  83 

publication,  service  of  by   VIII       5  83 

notice  of,  by  registrar  of  arrears,  legal 

effect  of   VIII      2  77 

provisions  as  to   VIII       2  77 

notice  of,  records  of  to  b©  kept  by 

registrar  of  arrears    VIII     15  88 

legal  effect  of   VIII     15  88 

omissions  of  registrar  of   arrears  to 
make  list  of  property  to  be  sold  not 
to  prevent  list  and  sale  afterwards,    VIII       2  78 
omission  of  notices  on  tax  bills,  effect 

of  on   VII      11  73 

property  omitted  from  list  may  be  in- 
cluded in  subsequent  list.    VIII       2  77 

records  of  : 

cancellation  of  when  deed  not  de- 
livered within  ten  years   VIII       4  82 

subsequent    taxes    paid    to  be 

entered  on   VIII       5  83 

to  be  kept  in  office  of  registrar  of 

arrears   VIII     14  88 

redemption  from  : 

amounts  necessary  for,  registrar 

of  arrears  to  f  uriaish  bill  of  .  .  .    VIII     12  87 

provisions  as  to   VIII       5  83 

surplus  moneys  may  be  credited 

on   VIII       6  85 

redemption  moneys,  application  for.  .    VIII     16  88 
payment  of.  provisions  as  to  ....    VIII     16  88 

YIII      6  85 

refund  of  money  paid  on,  when  made    VIII       4  80 

registrar  of  arrears,  to  conduct   VIII       3  78 

VIII     15  88 

surplus  on,  application  of,  toward  re- 
demption   VIII       6  86 

taxes,  subsequent,  amount  paid  for, 

to  be  entered  on  record   VIII       5  83 

tax  rolls,  to  to  entered  on    VIII     10  86 

title,  fee  simple,  purchaser  to  take.  ...    VIII      4  81 
irregularity  in  procedure  not  to 

defeat   VIII      4  81 

See  "Assessments,"  "Local  Improvements," 
and  ' '  Watee  Rates.  " 

Tax  Levy. 

Amount  of  deficiency  in  personal  tax  and  tax 
on  land  imperfectly  described  to  be  inserted 
in   VIII     19  90 


Title.    Sec.  Page. 

Taxpayers. 

Cestui  que  trust  in  respect  to  property,  funds, 

etc.,  rights  as  to    XXII    21  350 

Telegraph. 

Commissioner  of  police  and  excise  to  erect  and 

maintain  lines  of   XI        24  116 

Tenement  Houses. 

See  "  Buildings," 

Theatres. 

Commissioner  of  police  to  make  regulations  for 

protection  of  life   XI        63  132 

Owner,  lessee  or  manager  of  violating  police 

regulations  guilty  of  misdemeanor   XI        63  132 

See  "  Buildings." 

Treasury  Department. 

Treasurer,  head  of   VI  1  67 

See  **  City  Tbeasukee." 

u. 

Unexpended  Balance  of  appropriations,  common 

council  may  apply   XVIII    3  294 

Union  Street,  buildings  on  certain   portion  of 

regulated   XVI      14  275 

See  "  Department  of  Parks." 


V. 

Vacancies. 

Appointments  to  fill   Ill       12  50 

Common  council,  how  filled   II  3  24 

Vagrants. 

Restraining  and  punishment  of   II        12  29 

Vaults. 

Control  and  licensing  of   XV        1  233 

Vehicles. 

Control  of  by  fire  commissioner   XIII     18  163 


INDEX. 


93 


Title.  Sec.  Page. 

Venders. 

Police  supervision  of   XI  26  117 

Vessels. 

Arrest  on,  power  to   XI  24  117 

Attachment,  levy  of  on  board  of    XXII  7  346 

Civil  and  criminal  process,  service  of  on  board 

of   XXII  7  346 

Control  of  by  fire  commissioner   XIII  18  163 

Execution,  levy  of  on  board  of   XXII  7  346 

Jurisdiction  of  courts  as  to   XI  24  117 

Veterans. 

Protection  of  in  office   XXII  29  353 

Vetoes. 

Procedure  in  relation  to   II  9  26 

Vouchers. 

Expenditures  to  be  made  upon   IV  1  53 

Examination  and  approval  of   V  2  65 


w. 

Wards. 

Boundaries   I         2-5  21-29 

Boundaries,  cbauge'of  by  common  council ....    II        29  41 

Ward  Maps. 

Assessors  to  provide  in  certain  cases   X  17  105 

Common  council  to  cause  to  be  made   X  4  98 

Custody  of,  board  of  assessors  to  have   X  3  98 

Warrants. 

Assessments,  for  collection  of,  clerk  to  attest  .    VII        9  72 

Assessments  for  local  improvements,  for  collec- 
tion of,  when  to  be  issued,  when  to  be  deliv- 
ered to  collector   VII        6  71 

Balance,  unless  in  proper  account  to  meet, 

must  not  be  paid   VI         2  68 

Comptroller  to  sign   Ill       11  49 

Mayor  to  sign   Ill       11  49 

Money,  for  payment  of,  by  whom  signed   VI         1  67 

Money,  for  payment  of,  purpose  of,  appropria- 
tion upon  which  drawn,  to  be  specified   VI         1  67 

Money,  for  payment  of,  restrictions  as  to   VI         1  67 

Statement  must  be  furnished  to  treasurer  be- 
fore appropriation  drawn  against  by   IV        27  63 

Taxes  and  assessments,  for  collection  of,  con- 
tents of   VII        9  72 


1 

94  INDEX. 

Title.    Sec.  Page. 

Taxes  and  assessments,  for  collection  of,  mayor 

and  comptroller  to  sign   VII        9  72 

Taxes  and  assessments,  for  collection  of,  re- 
newed when   VII        9  72 

Taxes,  for  collection  of,  when  delivered  to  col- 
lector for  collection   VII        6  71 

See  •*  Taxes." 

Water. 

Actions  and  proceediuj^siii  relation  to,  commis- 
sioner of  city  works  to  cause  to  be  prose- 
cuted and  defended   XV       21  245 

Actions  and  proceedings  in  relation  to,  under 
charge  of  law  department    XV       21  245 

Bonds,  money  to  redeem  and  money  to  pay  in- 
terest on,  to  be  raised  by  taxation   XV        7  238 

Commissioner  of  city  works  to  have  charge  of 

matters  relating  to     XV        1  233 

Distribution  of  in  counties  outside  city   XV        3  236 

Hydrriuts,  regulations  in  regard  to  use  of,  pen- 
alties for  violation  of.  common  council  to 
prescribe  •   XV       17  244 

Water  purveyor   XV        2  234 

Water  Rates. 

Arrears  of,  a'Jtgregate  amount  of.  comptroller  to 

be  notified  of   XV         9  23y 

Arrears  of,  amount  fixed  by  assessors  in  lieu  of 

that  existing  prior  to  July  1st,  1H82,  to  be  a 

prior  lieu  when   VIII       3  79 

Arrears  of,  certain  charges  on  to  be  paid  from 

revenue  fund   IV        10  56 

Arrears  of,  determination  of  pursuant  to  C.  114, 

L.  1883,  couc-^rning  those  prior  to  July  1st, 

1882,  final  and  coQclusive    VIII       3  79 

Arrears  of,  how  collected    XV         3  236 

Arrears  of,  to  be  transmitted  to  registrar  of 

arrears   XV        9  239 

Assessments  for   X  4  98 

Books,  annual,  to  be  made  up  and  notice  of 

time  for  inspection  given    .    XV        9  239 

Cancellation  of,  not  permitted  after  settlement  XV  9  239 
Charitable  institutions,  exemption  of  from. . . .    XXII    33  355 

Collection  of,  to  whom  to  be  paid   XV        4  236 

Interest  to  be  added  if  paid  after  expiration  of 

one  month   VII      10  72 

Persons  aggrieved  by,  application,  how  made . .  XV  9  239 
llebates  on,  account  of  revenue  fund  to  exhibit  IV  10  57 
Kegistrar  of,  to  make  return  of  unpaid,  when. .  XV  9  239 
Rent,  extra  may  be  charged,  when  payable  .  . .  XV  3  236 
Rents,  regular,  annual  rates  to  be  called,  a  lien 

on  premises,  how  collected   XV        3  236 

Unpaid,  registrar  of  arrears  to  note  payment  of  VIII  11  87 
Unpaid,   when   registrar  of  omits  to  make 

return  of   VIII      9  86 

Tax  rolls,  arrears  of  to  be  entered  on   VIII     10  86 

Vacant  lots,  assessment  on,  how  fixed,  collec- 
tion of  XV        6  287 

See    Taxes,  Assessments  and  Water  Rates." 


INDEX.  95 

Title.  Sec.  Page. 

Water  Reffistrar                                     xv  2  235 

Water  Rents. 

Jndgtneut  of,  commissiouer  of  city  works  to  fix 

time  of   XV       16  244 

See  "  Watfe." 

Water  Sinking  Fund. 

Commissioners  of   XV  5  237 

How  constitiUed:   XV  6-7  237 

Investment  of  money  of   XV  8  239 

Money  for  redemption  of  bonds,  raised  by  tax  XV  7  239 

Money  to  pay  interest  on,  raised  by  tax    XV  7  238 

Water  Supply. 

Diversion  of,  penalty  for,  a  misdemeanor,  pun- 
ishment of    XV       20  245 

Permits  for.  rules  to  be  printed  on   XV       16  244 

Pollution  of,  penalty  for   XV       20  245 

Sotirce  of,  cemeteries  not  to  be  established  near  XV  19  245 
Use  of. 

penalties  for  violation  of  rules  in  rela- 
tion to   XV       16  244 

plumbers,  license  of  to  make  connections..    XV       18  244 

rules  and  regulations  concerninf»,  com- 
missioner of  city  works  to  lix   XV       16  244 

Water  Works. 

Amount  expended  for  limited   XVIII  1  293 

Appropriation  for,  how  applied   XV  22  246 

Bonds  tor  extension  and  maiuten.vnce  of  author- 
ized  XV  11  240 

B(mds  of  city,  interest  on,  when  income  of  net 

surplus  may  be  applied  to  pay   IV  15  58 

Condition  of,  report  of  to  be  made  annually  to 

common  council   XV  22  246 

Contracts  for,  excepted  from  control  of  com- 
mon council   XVIII  1  293 

Extension,  attorney  and  counsel    to  make 

searches  and.  abstract  of  title  to  land   IX  1  95 

Extension,  land  for,  map  of  to  be  made   XV  13  241 

Extension  of,  land  for  purchase  of    XV  11  240 

Extension  of,  streets,  highways,  etc.,  may  be 

entered  upon  for  purpose  of   XV  12  240 

Extension,  management,  construction  of,  ex- 
penses how  met   XV  11  240 

Inspection  of  by  committee  of  common  council  XV  23  246 

Lands  for,  condemnation  ®f ,  awards  how  paid .  XV  14  243 

Lands,  etc.,  for,  city  to  take  and  hold  for  ....  XV  14  241 

Lands,  etc.,  tor,  condenmation  of,  entry  upon.  XV  14  241 

Lands  for,  payment  for   XV  15  243 

Lands  of  in  Queens  Co. ,  how  taxed   XV  24  246 

Management  of,  commissioner  of  citv  works, 

charged  with   XV  10  239 


96 


INDEX. 


Title.    Sec.  Page- 


Pipes,  machinerj',  etc.,  purchase  of   XV       11  240 

Plans  and  estimates  concerning,  to  be  annually 

reported  to  common  council   XV       22  246 

Property  of,  destruction  or  injury  of,  penalty 

for,  a  misdemeanor,  punishment  of    XV       20  245 

Receipts  and  expenditures  of,  statement  of  to 

be  made   XV       22  246 

Surplus  net,  income  from,  to  be  paid  to  com- 
missioners of  sinking  fund  at  end  of  each 
year.   IV        15  58 

Water  for,  condemnation  of ,  proceedings  for .  .    XV       14  241 

Water  right,  additional,  how  extinguished  ....    XV       11  240 


Weights  and  Measures. 

Kegulation  of  by  common  council   Ill       12  28 

Sealers  of,  appointment   duties  and  salaries 

of,  qualification  of,  vacancies,  how  filled  . .  .    XXII    31  355 


Wells. 

Constructing  and  repairing  of,  to   be  under 
charge  of  commissioner  of  city  works    XV        1  233 


Widows'  and  Orphans'  Fund  Volunteer  Fire  Department. 

Board  of  estimate  to  provide  for   II        29  40 

Wharves,  etc. 

Police  patrolmen  to  perform  duties  of  harbor 

master  when     XI         8  110 

Kegulatian  of  matters  connected  with,  by  com- 
mon council    II        12  28 

See  * '  PiEKS. " 


